In December 2005, Mr. Power obtained a $5,000,000.00 settlement on behalf of the Estate of a 52-year-old man who was a beloved English teacher and swim coach at an elite school despite being a quadriplegic for over 30 years. The man was discharged from the ER with a diagnosis of gastroenteritis, when in fact he had a perforated ulcer, which would have been detected had the staff employed additional diagnostic tools given his state as a quadriplegic. By the time he returned to the ER approximately 24 hours later, he was septic. He battled the infection for nearly a month before passing. He left a surviving spouse.

(2023 – Cook County)
M.R. v. Local Medical Group

Medical Malpractice/Wrongful Death: Decedent (24 year-old male) was seen at a local medical group office in May of 2018 for left leg swelling. He was diagnosed with leg swelling, given an order for an ultrasound and an x-ray, and told to follow-up in one week. Four days later, he died from a saddle pulmonary embolism. Plaintiff alleged that decedent was suffering from deep vein thrombosis in his left lower extremity during the medical appointment four days earlier, and that the fatal pulmonary embolism would have been avoided with proper instruction, treatment, and follow-up. The Medical Group argued that Decedent was given an order for the right test, the ultrasound, to diagnose DVT, and that decedent’s failure to follow through on the order was the sole cause of his death. No offer was made prior to trial; after opening statements, the adverse examination of the involved physician, and plaintiff’s experts, the case settled. Decedent was survived by his parents and adult sibling. Co-counsel with Joseph W. Balesteri.

Premises Liability

On March 4, 2016, Plaintiff was employed by undisclosed corporation to deliver and transfer fuel to a major US corporation. In order to transfer the diesel fuel to the truck as the major US corporation had requested, Plaintiff had to use the pump, hose and nozzle provided by the major US corporation to transfer the fuel. Plaintiff had no other equipment to utilize to perform the fuel transfer to do his job that undisclosed corporation #1 requested. At the time of ignition, Plaintiff was standing on top of the fuel tank in order to transfer the fuel. Soon after he began filling the fuel tank, a static spark ignited and Plaintiff’s clothes caught on fire. A employee of the major US corporation attempted to extinguish the flames which were burning Plaintiff with a bucket of water. The employee did not use the fire extinguisher which was located less than 20 feet from Plaintiff. Plaintiff alleges that the major US corporation was negligent in a number of respects including the failure to perform any hazard or jobsite assessment regarding (1) how this fuel transfer system was created (2) what equipment was used for the fuel transfer system (3) how the diesel fuel would be transferred from the diesel tank to the fuel truck (4) fire safety procedures if in fact a fire occurs. The corporation was cited by OSHA for multiple violations. Plaintiff suffered third degree burn injuries due to this occurrence. Plaintiff was eventually placed in a drug-induced coma and underwent surgery. Plaintiff survived for 19 days until he ultimately passed away on March 23, 2019 due to his injuries. This is the largest reported settlement of its kind in Adams County. (2021)

S. v. City of Chicago

(2009) Transportation Negligence: The plaintiff’s decedent died when he was struck by a METRA train at a railroad crossing at 111th Street. Plaintiff alleged that the traffic control system did not function properly and authorized and directed the decedent to make a right turn onto the tracks when unbeknownst to him, a 60+ mph METRA train was approaching. Lead Counsel, Larry R. Rogers, Jr.

M.S., Individually and as Independent Administrator of the Estate of J.S., Deceased, v. UIC Physician,

(2018) Medical Malpractice: 29-year-old female presented to the University of Illinois Medical Center with headache and confusion. Plaintiffs alleged that she was experiencing thrombotic thrombocytopenic purpura (TTP) with hemolytic uremic syndrome (HUS) which are known conditions associated with her underlying lupus. The neurology service failed to work-up her presentation as Lupus-related and failed to contact her rheumatologist. She was discharged presenting the next day to a different hospital, where she was immediately diagnosed. The delay in treatment resulted in her deterioration and demise. She is survived by her parents and adult sister.

R.R. and A.R. v. A Local Community Hospital, Physicians Group and Physician

(2018) Medical Malpractice: In 2013, 25-year-old male presented to a family practitioner complaining of blood in his stool. He was diagnosed with hemorrhoids and/or possible anal fissures following a hemoccult. About one year later, he re-presented to the family practitioner with similar bleeding complaints and weight loss, low appetite and low energy and again was diagnosed with hemorrhoids and/or possible fissures. No work-up or any additional testing was done. Approximately two years thereafter, he presented to a local hospital’s ER department with abdominal pain. An ultrasound and CT showed liver abnormalities, several large hepatic masses, lymphadenopathy, and rectosigmoid colon thickening. The results were later identified as metastatic cancer of colorectal origin (Stage IV colonic adenocarcinoma). Since his diagnosis, he has undergone chemotherapeutic treatments, radiation therapy, loss of chance of survival and cure.

Result: $5,000,000.00

WD, Individually and as Special Administrator of the Estate of SD, deceased v. Rush North Shore Medical Center

(2011) Medical Malpractice: 59 year old female was provided excessive anticoagulation therapy after double bypass and valve surgery. A symptomatic pericardial effusion followed, however, the effusion was not timely relieved resulting in cardiac tamponade, anoxic brain injury following arrest and her death. SD was survived by her husband and adult daughter. Co-counsel with Joseph A. Power, Jr.

Result: $5,000,000.00

SMW, Administrator of the Estate of MAB, Deceased v. Rush Presbyterian St. Lukes’s Medical Center, et al.

(2006) Medical Malpractice: 65 year old female entered Rush-Presbyterian-St. Luke’s Medical Center for kidney stone surgery. During efforts by the anesthesia service to place the central line into the left internal jugular vein, the carotid artery was punctured. The surgery was cancelled. The guide wire was removed and MAB was monitored in the hospital. Later that day, MAB suffered a subarachnoid hemorrhage, caused by the guide wire used to place the central line. A subarachnoid hemorrhage resulted in permanent brain injury and ultimately in MAB’s death. MAB was survived by four adult children. Co-counsel with Joseph A. Power, Jr.

Result: $5,000,000.00

B.M. v. Local Community Hospital and ER Physician

B.M. (3 years old) presents to the emergency department with upper respiratory infection symptoms. Rapid flu screen was positive for the Influenza A virus. Procalcitonin was elevated but the abnormal result returned after discharge. Follow-up with mom at home directed by the ER MD did not include returning to emergency department for testing or antibiotic coverage for bacterial infection because the minor was acting normal. Four days later, B.M. coded at home and was later pronounced. Autopsy identified bacterial infection of blood, lungs, and spleen. B.M. is survived by his parents and younger brother. Co-counsel with Kathryn L. Conway.

N. A., as Independent Administrator of the Estate of R. R., Deceased v. Northwestern Memorial Hospital

Medical malpractice settlement. The decedent presented to Northwestern Memorial Hospital for labor and delivery. She was delivered by caesarian section at 10:30 p.m., delivering her first child and the sole heir to this cause of action. The decedent experienced intraoperative and postoperative bleeding and passed away in the early morning hours of November 13, 2012. The defendants failed to properly monitor her labor and delivery, failed to timely perform a caesarian section and failed to timely monitor and treat blood loss following caesarian delivery. The decedent’s sole heir was hours old at the time of her passing.