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$16M

Settlement

Result: $16 Million – Medical Malpractice
Joseph W. Balesteri Kathryn L. Conway

Mom’s active phase of labor was less than two hours when Dr. Thorpe placed a vacuum on the baby’s head in an effort to extricate him without maternal or fetal threat. The initial cup used was a Kiwi Pro Cup, which is designed for occiput anterior positioning, however the fetal head position was occiput posterior. The cup popped-off and Dr. Thorpe next applied a Kiwi Omni cup which also popped-off after traction. The cups were placed at 0 to +1 station (mid-pelvis) and were not properly positioned at the flexion point. Because of vacuum use, the baby suffered a focal arterial stroke due to occlusion of blood flow in the right middle cerebral artery. The minor plaintiff is disabled and has permanent and severe injuries.

 

Medical Malpractice

$15.7M

Verdict

Result: $15.75 Million - Medical Malpractice
Joseph W. Balesteri

H.R.G. v. Gianluca Lazzaro, M.D., et al.

(2017) Medical Malpractice: 37 year old male with complaints of abdominal pain presented to emergency room for care and treatment. Consultation was obtained from gastroenterology and general surgery; CT scanning was performed of the abdomen and pelvis. On the first day of his admission the CT scan was under-read and failed to point out findings consistent with appendicitis. Despite indications of sepsis, the gastroenterologist and general surgeon never took nor advocated for surgery. The following day in the evening, H.R.G. suffered a cardio-pulmonary arrest leading to permanent brain injury. Co-counsel with Joseph A. Power, Jr.
Result: $15,750,000.00

Medical Malpractice

$15.7M

Settlement

$15.7 Million Recovery — Medical Malpractice
Joseph A. Power Jr. Larry R. Rogers Jr.

H. v. Rush University, et al.

On February 13, 2002, H. presented to Dr. Lopes at Rush University for a second opinion on treatment of an unruptured, small (3×5 cm), left internal carotid artery aneurysm that was incidentally found in a January MRA for an unrelated condition. Dr. Lopes recommended that H. undergo a neuro-interventional coiling procedure whereby a micro-catheter would be inserted into the femoral artery and advanced through her body and into her skull for purposes of delivering small platinum-coated coils into the aneurysm. H. agreed and on February 20, 2002, Dr. Lopes performed the procedure at Rush University. Within an hour of the procedure, H. was documented as experiencing nausea, vomiting and headache. She subsequently arrested and after being resuscitated was taken for an emergent CT scan where an intracerebral hemorrhage was diagnosed. Despite emergency surgery, H. was left profoundly brain damaged.

Plaintiff’s alleged that Dr. Lopes negligently performed a procedure beyond that consented by H. Plaintiff’s alleged that Dr. Lopes went beyond the coiling procedure H. consented to when he performed a non-FDA approved coiling & stenting procedure. The stent & coil procedure Dr. Lopes performed involved Dr. Lopes advancing a stiff and rigid steel coronary stent along a stiffer and more rigid guidewire, designed for larger heart vessels, into the left internal carotid artery of H.’s brain. Plaintiff’s alleged that this was a non-FDA approved use of the stent device that was not indicated given that H.’s aneurysm was small (3×5 cm), asymptomatic and unruptured. Dr. Lopes’ use of the stiffer and more rigid guidewire and coronary stent required the application of torque and force to manipulate the devices through the curves of the intracerebral vessels causing the tip of the guidewire to perforate a distal branch of H.’s middle cerebral artery resulting in an intracerebral hemorrhage. Plaintiff’s alleged that there were signs of an intracerebral bleed during the procedure and immediate post-procedure period that Dr. Lopes and the nursing staff failed to recognize. Plaintiff’s alleged that Dr. Demetrius Lopes and Rush University spoiled evidence of the bleed when 12 of 19 angiography runs from the procedure were not produced and had not been saved on the system’s hard drive.

Medical Malpractice

$15M

Settlement

Result: $15 Million – Medical Malpractice
Joseph W. Balesteri

N.G. v. A Local Academic Medical Center

(2020) Medical Malpractice: While undergoing surveillance for a previous history of a ruptured brain aneurysm on a 55-year-old female, a recurrent aneurysm was identified on cerebral angiography. About one month later, a decision was made by neuro-interventionalists to attempt a balloon test occlusion (an additional diagnostic study). During the study the balloon test was not performed as the lesion could not be crossed. Following the procedure, signs and symptoms should have revealed to the team that a perioperative stroke may be occurring. A code stroke team was not timely called despite neurologic signs and symptoms following the procedure. As a result, brain injury occurred due to a perioperative stroke including but not limited to permanent difficulties with walking, arm strength, hearing, speech and dizziness. Plaintiff’s experts opined that the additional diagnostic procedure was unnecessary as the aneurysm should have been coiled and a code stroke team should have responded timely.

Medical Malpractice

$14.9M

Verdict

$14.9 Million Verdict — Medical Malpractice
Joseph A. Power Jr.

R. v. Louis A. Weiss Memorial Hospital

On April 8, 2003, Plaintiff underwent a radical open anterior and posterior slovenectomy for a rare knee disease. She underwent the surgery at VHS Subsidiary Number 3, Inc. d/b/a Louis A. Weiss Memorial Hospital. The surgery was performed by the attending physician, who was not an employee of VHS Subsidiary Number 3, Inc. d/b/a Louis A. Weiss Memorial Hospital. The Plaintiff and her expert did not contend that the attending was liable for compartment syndrome, which was a risk of the procedure. Upon examination immediately following surgery, Plaintiff had no complications and a normal neurovascular status. Into the night of April 8, 2003 and morning of April 9, 2003, Plaintiff repeatedly complained of pain below her knee and in her foot and had an abnormal neurovascular status. In response to her complaints, she was given repeated doses of pain medication and her dosage of medication was increased. Moreover, two resident physicians were contacted by the nursing staff but did not come into the hospital to examine Plaintiff. Attending Physician was never contacted about Plaintiff’s complaints or abnormal neurovascular status. Upon examination by the attending physician, at around 6:30 AM, Plaintiff was diagnosed to have compartment syndrome. Shortly thereafter, the attending physician performed a fasciotomy surgery to treat the compartment syndrome by relieving the pressure caused by the compartment syndrome. In the weeks following the initial fasciotomy surgery, Plaintiff required several debridements due to necrotic muscle and tissue below her knee. As a result of the debridements and prolonged compartment syndrome, Plaintiff lost approximately 90% of the muscle in her lower extremity, has foot drop and severe nerve dysfunction.

The Plaintiff claimed that the nurses and resident physicians failed to adequately recognize the significance of Plaintiff’s condition and communicate her condition to the attending physician. Plaintiff further claimed that this lack of recognition and communication prevented a timely diagnose and treatment of the compartment syndrome which resulted in Plaintiff;s extensive muscle and tissue death in her lower extremity.

Jury Verdict: $14,891,123.02

Last Offer: $2,500,000.00

Medical Malpractice

$13M

Settlement

$13 Million Recovery— Medical Malpractice
Joseph A. Power Jr. Larry R. Rogers Sr.

P. v. NORTHWESTERN MEMORIAL HOSPITAL, et al.

The defendants allegedly hyperstimulated a pregnant woman’s uterus with labor-inducing medication and failed to recognize signs and symptoms of fetal distress, causing the woman’s newborn girl to suffer brain damage due to an inadequate flow of oxygen and blood to the brain, resulting in cerebral palsy.

Catastrophic Injuries Brain Injuries Medical Malpractice

$12.8M

Settlement

$12.8 Million Recovery — Medical Malpractice, Failure to Diagnose

This medical malpractice cause involved the failure to diagnose Compartment Syndrome.

Medical Malpractice

$12.5M

Settlement

Result: $12.5 Million — Medical Malpractice
Joseph W. Balesteri

This case involved the failure to diagnose bradycardia of an in-P., a term mother, was inadequately monitored by hospital personnel during her labor and delivery course and bradycardia in her baby was not timely detected. The delay in delivery of her daughter resulted in her suffering permanent severe choreoathetoid cerebral palsy.

Catastrophic Injuries Brain Injuries Medical Malpractice

$12.5M

Settlement

$12.5 Million Recovery — Wrongful Death, Hospital Negligence
Larry R. Rogers Jr. Joseph A. Power Jr.

S. v. Ravenswood Hospital Medical Center, et al.

As a result of a shooting, S., a minor, sustained a puncture to his aorta, mesenteric vein as well as the colon. He walked as far as he could on to Ravenswood Hospital Medical Center property. S. was within fifty (50) feet of the Ravenswood Hospital door, when security of Ravenswood Hospital was notified of his need of assistance. A nurse employed by Ravenswood Hospital opted to leave Christopher untreated, as their policy was not to go outside the hospital building to assist the injured. He was left to bleed from these injuries for approximately 25 minutes and after he had been transported to the Emergency Room by the police officers he had a barely palpable pulse. Within two minutes of arriving in the Emergency Room he arrested.

This is the record settlement in Illinois for the wrongful death of a minor involving hospital negligence.

Medical Malpractice Wrongful Death

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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