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$17M

Settlement

$17 Million Settlement- Medical Malpractice
Devon C. Bruce

On August 30, 2019, plaintiff arrived at the undisclosed defendant’s hospital with complaints of severe stomach pain. Plaintiff entered the hospital on July 30 th at approximately 9:02 am. Throughout the day the plaintiff had complaints of severe abdominal pain; chills needing a blanket, increasing tachycardia and an abnormal abdominal CT scan that needed further investigation. Plaintiff was noted to be constantly moaning and in extreme pain. On July 31 st at 3:30 pm, plaintiff was first seen by the gastroenterology department. On July 31 st at 5:15 pm, the plaintiff was evaluated by a surgeon who diagnosed the plaintiff as being septic. The first antibiotics the plaintiff received was on July 31 st at 6:39 pm, 33 hours from when plaintiff entered the emergency department. Emergency abdominal surgery was performed at which time Strep A was found in the plaintiff’s stomach and his stomach was necrosed. The plaintiff subsequently developed ischemia in his right lower extremity due to septic shock. The Plaintiff alleges that the defendants failed to timely diagnose and treat a rare progressing infection in the Plaintiff from 9:03 am on July 30 th until 5:45 pm on July 31 st when he was first diagnosed. The plaintiff further alleges that the defendants failed to timely diagnose and treat an acute abdomen. This $17 million dollar result is the highest reported settlement or verdict in Winnebago County for a personal injury case.

Medical Malpractice

$16.9M

Settlement

$16.9 Million Recovery– Aviation

A 36-year-old female passenger who suffered multiple fractures and ultimately required the amputation of her left leg after a commercial airplane crash.

Personal Injury Aviation Accidents

$16M

Settlement

$16 Million Recovery — Wrongful Death, Trucking
Joseph A. Power Jr.

S. v. HMD Trucking, Inc., et al.

The cause involved the wrongful death of R.S., who was a 47 year old auto worker, who was returning home from work on the evening of October 16, 2004, when he was killed while operating his motor vehicle southbound along Indiana’s I-465 within the city limits of Indianapolis, Indiana. A tractor-trailer operated by Tadeusz Strojny was also traveling in the middle lane of the southbound traffic along I- 465. Mr. Strojny’s tractor-trailer struck Mr. Studer’s vehicle from behind, propelling and pinning it along the I- 465’s median wall. Ronald Studer was unable to escape his vehicle and died as a result of his injuries.

Tadeusz Strojny was employed as a truck driver by Defendant, Right Express, Inc. d/b/a E.R.A. Transportation, Inc. The tractor was owned by Defendant, HMD Trucking, Inc., for whom Mr. Strojny was driving. He was pulling a trailer owned by Defendant, FAF, Inc. with an insignia of Forward Air, Inc. stenciled on the side of the vehicle.

Mr. Strojny was a Polish born individual who is not fluent in the English language. On the date of this occurrence Mr. Strojny had picked up the tractor-trailer at the Forward Air depot in Chicago, Illinois and was taking it to Columbus, Ohio.

Wrongful Death Truck Accidents

$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

$16M

Settlement

$16 Million Settlement - Motor Vehicle Accident
Devon C. Bruce

Motor Vehicle/Death: On September 25, 2020, plaintiff’s decedent, age 43, was a front seat passenger in a Ford pick-up truck hauling a camper traveling westbound on I-80 near mile marker 86 in LaSalle County, Illinois. Defendant driver was operating a freight truck travelling immediately behind plaintiff’s vehicle. The driver was making a delivery to a client which was within the course and scope of his employment of the employee’s company. The traffic on I-80 began to slow down and/or come to a complete stop for construction. The defendant driver failed to slow down and/or stop along with the flow of traffic. As a result, he drove his truck at a high rate of speed into the plaintiff’s vehicle. The impact caused the plaintiff’s vehicle to be pushed into another vehicle and a total of six vehicles were involved in the collision. The impact caused an explosion and the plaintiff’s vehicle became engulfed in flames. Plaintiff’s decedent became trapped in the vehicle and was burned to death. Plaintiff’s decedent left surviving a wife, one adult son and one minor daughter. (2021)

Car Accidents

$16M

Settlement

$16 Million Result - Police Shooting
Larry R. Rogers Jr.

B.J. v. City of Chicago

(2018) Police Shooting: On December 26, 2015, Plaintiff’s Decedent, a 55-year-old Chicago resident, lived on the first floor at 4710 W. Erie in Chicago. Antonio LeGrier resided upstairs at 4710 W. Erie. Quintonio LeGrier, Antonio’s son, was home for Christmas break. Quintonio was a 19 year old Northern Illinois University student. 911 tapes reveal that early in the morning on December 26, Quintonio LeGrier called 911 three times in the minutes prior to his shooting, begging to have the police come to his father’s house on west Erie for assistance for a domestic dispute. Antonio LeGrier, his father, also contacted 911 and officers were dispatched in response to his call.

Officer Robert Rialmo responded to 4710 W. Erie, along with Officer Anthony LaPalermo in response to a disturbance/check on the well-being call, with the offender armed with a bat. Upon arriving at the residence and ringing the doorbell, they were greeted by Plaintiff’s Dececent. Decedent pointed to the stairwell and said that the disturbance was upstairs. At that time, according to Officer Rialmo, Quintonio LeGrier appeared holding an aluminum baseball bat. Officer Rialmo was backing down the stairs onto the front walkway away from the front door and drew his service weapon. Officer Rialmo then fired his service weapon in the direction of Quintonio LeGrier. Officer Rialmo never saw her relocate out of the vestibule into her apartment, and he fired his weapon directly at the doorway where he had last seen the Decedent. Officer Rialmo discharged his weapon at least seven times, and one of the rounds that Officer Rialmo fired, struck, and killed Plaintiff’s Decedent. Officer Rialmo never gave her any alert or warning that he would be firing his weapon in her direction.

Plaintiff alleged that the forensic evidence showed that Officer Rialmo had created sufficient space between he and Quintonio and he was not in imminent danger of being struck by Quintonio’s bat. Officer Rialmo discharged his firearm at least seven times at Quintonio LeGrier, striking him six times and she sustained a fatal gunshot wound to her chest. The force used by Officer Rialmo against Quintonio LeGrier resulted in Quintonio and Decedent’s death. Plaintiff maintained that the force used against Quintonio LeGrier was not objectively reasonable and was contrary to generally accepted police practices and procedures.

Additionally, Plaintiff argued that Officer Rialmo gave Decedent no opportunity to position herself in a location where she would not be at risk of harm from him firing his weapon. Plaintiff alleged that Officer Rialmo took no steps whatsoever to ensure that Decedent, an innocent person, was not at risk of injury or harm from the firing of his weapon. Plaintiff maintained that the actions of Officer Rialmo contradicted generally accepted police practices and procedures and constituted willful and wanton conduct.

Plaintiff was represented by partner, Larry Rogers Jr., and associate, Jonathan M. Thomas

Civil Rights

$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

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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