R.A v. A Local Hospital, et al.

(2024) Medical Malpractice: 35-year-old mother of 3 girls, all delivered vaginally, presents to hospital for labor and delivery of her first son.  Cessation of Pitocin over hours should have occurred due to tachysystole and/or Category II tracings to improve the tracings and if not, delivery by urgent c-section was needed.  Baby’s tracings were Category I for many hours previously, including on arrival.  The failure to stop Pitocin and notify physician(s) of continued Category II tracings without improvement resulted in fetal deterioration (Category III tracings) and uterine rupture of mom’s unscarred uterus.  Baby suffered total acute asphyxia and permanent neurologic injury.

Quadriplegia sustained by a yacht passenger who fell approximately 30 feet due to inadequate safety railings. Complex post-trial litigation including vacated settlement, defense verdict, reinstatement, and appeal.

Three members of the same family killed when a chronically sleep-deprived truck driver fell asleep and rear-ended their vehicle on I-55 in Channahon. $9.125 million apportioned to each estate.

D. and S. v. Syntex

(1985) Product liability. Two minor plaintiffs fed infant formula, Neo-Mull-Soy, which was deficient in chloride, a required nutrient. They both suffered brain injury resulting in learning disabilities.

Y.D. v. A Local Academic Medical Center, No. 2020L009452 (Cook County)
(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 Joseph W. Balesteri.

Result: $23,000,000.00

Jury Verdict: $27,000,000.00

Reduced on Post-Trial

Motion by Trial Judge: $8,000,000.00

Offer Before Trial: $300,000.00

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.

Severe traumatic brain injury, functional quadriplegia, and eventual death of an over-the-road UPS driver who struck a stopped tractor-trailer on the fog-covered I-57 bridge over the Kankakee River. Defendants violated Federal Motor Carrier Safety Regulations.

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.