D. v. Nettleton Specialized Carriers, Inc. (Co-Counsel)

(2011) Trucking. The Plaintiff was stopped at the Edens spur ramp at the beginning of a construction zone back-up of the Edens expressway. He was rear-ended by a tractor trailer owned by the Defendants and operated by an employee and/or agent of the Defendants who was traveling at least 65 mph. The driver testified he applied his brakes prior to the collision, but did not have time to stop. He claimed he had just exited a curve. The collision occurred after 3,000 feet of a straight roadway near the tail-end of the Edens spur. Plaintiff sustained a C5-C6 tetraplegic injury.

L. L. v. A Chicago Academic Medical Center (Cook County)

(2023) Medical Malpractice: At 37 weeks, mom was diagnosed in clinic with pre-eclampsia. She was sent directly to a Chicago Academic Medical Center’s labor and delivery unit. The fetal heart tracing was Category I. Mom was allowed to labor. The tracings became Category II, but negligently Pitocin administration continued without tracing improvement, and Pitocin was later increased. Decelerations and worsening Category II tracings followed. At birth, baby experienced permanent neurologic devastation as a result of hypoxia and ischemia and will require 24/7 care and treatment. Co-counsel with Larry R. Rogers, Jr.

S.V. & P.V. v. Confidential Defendants

(2017) In November of 2017, the Appellate Court for the First District upheld the trial judge’s ruling that a $25 million dollar settlement entered into in June of 2015 was enforceable. The settlement had been vacated by a Cook County Judge who found that former counsel for the plaintiffs, a lawyer from a different law firm, had engaged in misconduct by obtaining knowledge of the existence and contents of a jury note and then failing to inform the defendants of this knowledge prior to agreeing to the defendant’s $25 million dollar settlement offer. The Plaintiffs were completely unaware of their former attorney’s misconduct until after the settlement was revoked. As their case to enforce the settlement began to go south, the Plaintiffs’ discharged the attorney who had engaged in misconduct, although with the law firm he brought for the post-settlement proceedings and hired attorneys from Power Rogers & Smith and Kralovec Jambois & Schwartz to ensure that their much needed compensation was not lost. After filing numerous motions and hearing hours of argument, the trial court agreed with the lawyers from PRS and KJS in that the settlement is enforceable where the clients agreed to accept the settlement prior to any allegation of misconduct by the plaintiffs’ former attorney and were completely unaware of his misconduct at the time that it was occurring.

DuPage County sheriff’s officer was dispatched to decedent’s home for domestic disturbance.  Upon entering with his firearm raised at all occupants of home.  The officer ordered TJ to come down the stairs of his home.  While unarmed, TJ proceeded down the stairway as instructed with his hands raised above his head, he slipped on a stair and the officer discharged his weapon in the direction of TJ and killed him. Co-counsel with Jonathan M. Thomas.

Larry R. Rogers, Jr. and Joseph W. Balesteri Y.D. v. A Local Academic Medical Center

(2024) Medical Malpractice: Mom presented to a Local Academic Medical Center for a scheduled induction at 38 weeks due to gestational diabetes. She has a history of a prior c-section and a subsequent vaginal delivery. The effort was again made to have mom deliver by vaginal birth after c-section for this pregnancy. Following Pitocin administration and clear amniotic fluid at rupture, Plaintiffs alleged fetal heart tracing changes occurred, which were not properly responded to by in-utero resuscitation of the fetus which should have included Pitocin cessation. The fetal heart tracings worsened and never improved. Fetal tachycardia and variable decelerations persisted without adjustment of Pitocin. Category II tracings progressed to Category III and ultimately a baby boy was born with Apgar’s of 0,0,3,3, and 3 and cord gases that were compatible with acute total asphyxia. The failure to timely deliver caused respiratory failure encephalopathy and severe neurologic injuries. Plaintiffs alleged this was avoidable with earlier delivery and proper care and treatment. Co-counsel with Larry Rogers. Jr.

Negligence: On February 22, 2008, Plaintiff AG’s legs became crushed in a paper baler at a factory owned and operated by Defendant factory owner and Defendant factory operator. Prior to injury, AG entered a large chute/tube, which feed the baler from above, to clear a jam by using the weight of his body. When the jam cleared, AG was caused to fall into the baler. He did not have fall protection at the time of the incident, nor did he have training on OSHA lockout/tagout procedures. After AG fell, the baler’s ram crushed his legs

Medical Malpractice: Failure to treat high blood pressure caused by brain damage to mother.

D. v. Nettleton Specialized Carriers, Inc. and J.W. Peters, Inc.

Trucking: Plaintiff was stopped at the Edens Spur ramp at the beginning of a construction zone back up on the Edens Expressway. He was rear-ended by a tractor-trailer owned by the defendants and operated by an employee and/or agent of the defendants who was traveling at least 65 m.p.h. The driver testified he applied his brakes prior to the collision, but did not have time to stop. He claimed he had just exited a curve. The collision occurred after 3,000 feet of a straight roadway near the tail end of the Edens Spur. He sustained a C5-C6 tetraplegic injury.

Prior to jury selection the Defendants admitted liability. This was accepted by the plaintiffs. Prior to trial, the defendants offered $10,000,000 to settle. During the trial the defendants incrementally increased their offers to $15,000,000 and then $20,000,000. After closing arguments the defendants offered a high/low agreement of $25,000,000 – $50,000,000.

JURY VERDICT: $23,000,000.00

After a jury verdict of $23,000,000 the case settled under a high/low agreement entered into after closing arguments for $25,000,000.00.

Bennie Wood, et al., v. Navistar Inc., formerly known as International Truck and Engine Corp., et al.

Power Rogers attorneys Joseph A. Power Jr., as lead counsel, and Sean M.Houlihan and James Power recently obtained a $21.6 million dollar verdict on behalf of a truck driver and his wife. Our client suffered a traumatic brain injury after a defectively designed grab handle on his truck broke and caused him to fall. The case involved many disputes about jurisdiction and where the case was to be heard, and was recently featured in an article published by the Chicago Daily Law Bulletin.

R. v. Trinity Hospital

Birth Injury/Medical Malpractice: Decedent was admitted to Trinity Hospital on February 8, 1998 at approximately 5:30 a.m. at term. She was given an epidural anesthetic at approximately 6:49 a.m. when her blood pressure dropped into the 70s and then into the 50s. Fetal bradycardia was shortly thereafter detected on the fetal monitor and Decedent was place in Trendelenberg position. Dr. Jiha, the attending anesthesiologist, was paged at approximately 7:30 a.m. for low blood pressure. The nurse anesthetist continued to administer fluids including Ephedrine in order to correct the hypotension. A house doctor and obstetrician,Dr. Moreland, was called because of the fetal bradycardia on the monitor but she determined that a cesarean section was not necessary. Thereafter Decedent complained of being dizzy, vomited several times, became confused and cyanotic. At 7:45 a.m. Decedent’s blood pressure again dropped into the 70s and more fluids, including the Ephedrine, were given.

According to Plaintiff’s experts Decedent’s blood pressures were abnormal for almost two hours. According to Plaintiff’s experts intubation was required much earlier and her oxygen status should have been monitored more closely. Additionally, earlier intubation was required and her oxygen status should have been monitored more closely along with a cesarean section operation at least an hour earlier. Decedent died after being in a coma for twelve weeks and her son was left permanently brain damaged and unable to care for himself.

The case for the disabled minor son settled for $11,250,000.00 and the wrongful death action for his mother settled for $10,025,000.00.