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$10.0M

Settlement

$10 Million Recovery – Wrongful Death
Carolyn S. Daley Joseph A. Power Jr.

D.W., Individually and as Special Administrator of the Estate of C.A, deceased v. Apex Mortgage Corporation

Wrongful death/premises liability settlement. This cause of action arose from the injuries and subsequent death of C.A., a 34-year-old City of Chicago Firefighter, resulting from a building collapse at 1738-1744 E. 75th Street in the City of Chicago on December 22, 2010. The Property was purchased by Defendants CHUCK DAI and RICHARD DAI, and Defendant APEX MORTGAGE CORP. held the Mortgage Security Agreement for the Property. In 2008, the mortgage on the Property was in default and APEX MORTGAGE CORP. began discussions with the Dais to accept a deed in lieu of foreclosure. After receiving the signed deed in lieu of foreclosure documents from the Dais, Apex hired a real estate broker to assess the Property, change the locks, clean out the Property, and board up the Property. Upon inspection, the real estate broker determined that the Property was in poor condition. Apex subsequently made a Property loss claim with its insurance company that it had force-placed insurance for a partial roof collapse. The Property loss claim was subsequently denied and Apex was provided with an engineer’s report of the Property from the insurance company which stated that the condition of the roof was a result of chronic lack of maintenance and total rotting of the roof beams. Throughout this time period, Apex was a defendant in a City of Chicago Housing Court case for the Property and was aware of the numerous code violations, including structural concerns with the roof and the walls at the Property. On December 22, 2010, at about 6:52am, a small rubbish fire occurred in the Property and the Chicago Fire Department responded. Firefighters, including C.A., forced entry into the Property to determine whether there were people inside the Property. While inside the Property, the east wall failed, causing a total collapse of the timber truss roof onto firefighters, including C.A. As a result of the collapse of the timber truss roof, C.A. suffered severe and permanent injuries resulting in his death on December 22, 2010.

Plaintiff alleged that Apex had taken possession and control of the Property beginning in 2008. Apex was aware of the severe and dangerous structural problems and code violations at the Property, but it failed to do anything to remedy any of the conditions at the Property, putting every person who walked into the Property in harm’s way, including Firefighter C.A. on December 22, 2010.

Firefighter C.A. left surviving him his wife, D.W., and their son, who was one year old at the time of C.A.’s death.

Co-counsel with Joseph A. Power, Jr.

Wrongful Death

$10.0M

Settlement

$10,000,000 — Wrongful Death/Construction
James I. Power

Death of a sewer bricklayer killed when a trench wall collapsed on top of him. Confidential construction company paid policy limits.

Wrongful Death

$9.8M

Verdict

$9.8 Million Verdict — Wrongful Death, Medical Malpractice, Failure to Diagnose
Joseph A. Power Jr.

C. v. Rosenblum, et al.

Medical Malpractice: 39-year-old lady died as a result of the failure of a physician to perform a spinal tap which would have resulted in the diagnosis and treatment of a subarachnoid hemorrhage and aneurysm. At the time, this was the largest wrongful death verdict in Illinois history. The decedent left a husband and two children.

Medical Malpractice Wrongful Death

$8.5M

Settlement

$8,500,000 — Construction/Wrongful Death

Death and serious injury to two demolition workers when a section of concrete parapet capstones fell on them during a restaurant buildout at a Vernon Hills mall.

$8.0M

Verdict

$8.05 Million Verdict- Wrongful Death/Medical Malpractice
Larry R. Rogers Jr. Kathryn L. Conway

Wrongful Death/Medical Malpractice: (2022 – Cook County) The 59 YO patient presented to an outpatient Advocate Clinic with signs and symptoms of an upper respiratory infection and an abnormal pulmonary exam noting “mild congestion bilaterally.” The patient was noted to have spent time with her father in a nursing home who had recently tested positive for MRSA. The patient was given a prescription for Azithromycin, an antibiotic that does not cover MRSA. Two days later, she presented to South Suburban Hospital with signs of an advanced pneumonia, which was later confirmed to be a MRSA pneumonia. Plaintiff argued that the abnormal pulmonary exam was indicative of a lower respiratory infection and necessitated the ordering of an x-ray to rule out PNA and that an antibiotic effective against MRSA had to be given. Advocate argued that MRSA-PNA is exceedingly rare and that Azithromycin is an antibiotic that covers the most common bacterial pneumonia agents. The patient was survived by her husband, who passed away 5 years later, and three adult sons.

Medical Malpractice Wrongful Death

$8.0M

Verdict

Result: $8 Million — Wrongful Death, Medical Malpractice
Joseph W. Balesteri

Medical Malpractice: 11 year-old girl being treated for cardiac rhythm disturbances suffered an arrhythmia while showering at home and passed away on April 29, 1994. Defendants University of Chicago Hospitals and Dr. J. Deane Waldman failed to address Amy’s condition with appropriate medication and failed to provide Amy, through her family, with information and recommendation of an implantable cardiac defibrillator during the 18 months she was under their care.

Medical Malpractice Wrongful Death

$7.5M

Settlement

Result: $7.5 Million – Medical Malpractice
Joseph W. Balesteri

40-year-old female delivered twins at Northwestern Memorial Hospital on February 13, 2014. Despite evidence of lower extremity clotting and high-risk status for DVT development, no therapeutic anticoagulation was initiated, nor was a lower extremity venous doppler performed. Additionally, telemetry monitoring previously in place for post-partum cardiomyopathy risks was prematurely discontinued on February 21, 2014. The decedent experienced pulmonary embolism from her lower extremities, cardiopulmonary arrest and was pronounced dead on February 22, 2014 at Northwestern Memorial Hospital. The decedent was survived by her husband and newborn twins.

Medical Malpractice Wrongful Death

$7.4M

Settlement

$7.45 Million Recovery — Product Liability, Wrongful Death
Thomas G. Siracusa

The plaintiff-decedents, a married couple, were driving a used car when a tire blew out, causing the car to flip over. The accident occurred due to manufacturing defects in the car’s tires and also due to the negligence of the car dealer who sold the vehicle with worn tires. Both the husband and wife died as a result of the accident, leaving two minor children.

Wrongful Death Product Liability

$7.2M

Verdict

Result: $7.25 Million – Wrongful Death / Medical Malpractice
Joseph A. Power Jr. Joseph W. Balesteri

S vs. University of Chicago

Plaintiff’s Decedent was diagnosed with breast cancer. During a biopsy of her breast she experienced an anaphylaxis attack according to the defense and medical examiner or a pulmonary embolus according to plaintiff. The plaintiff further alleged a DVT or pulmonary embolus was never ruled out.

During the hospitalization she was placed on Heparin prophylaxis which was later discontinued because of a suspected adverse reaction (HIT) without ordering an alternative anticoagulant. She experienced a fatal pulmonary embolus two days later.

She was a school teacher who left surviving a husband and daughter.

JURY VERDICT: $7,250,000.00

Last Offer: $2,000,000.00

 

Medical Malpractice Wrongful Death

$7.0M

Settlement

$7,000,000 — Wrongful Death/Products Liability

Death of a truck driver crushed by bundles of large plastic PVC piping that fell from his flatbed trailer during unloading by a forklift.

Setting Records For
Personal Injury Recoveries

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Some of our successes have included recovering $100 million in a wrongful death suit under Illinois accident law. This recovery was the largest personal injury award for a single family in Illinois.

Our Chicago firm has recovered multimillion-dollar personal injury settlements and verdicts under Illinois accident law. Our team of skilled personal injury lawyers puts all of our resources and energy into fighting to win each and every case for our clients. And whether a settlement from a negligent physician or a verdict against a hospital, we always seek the maximum recovery allowable under Illinois accident law.

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