Medical Malpractice: 38-year-old female presented to Local Community Hospital with complaints of abdominal pain, vaginal bleeding, a recent positive pregnancy test, and a history that her pregnancy had passed into the toilet days earlier. She underwent laparoscopic surgery for an “ectopic pregnancy.” During and after the surgery (there was no evidence of pregnancy days later at pathology rather infection), she was never given an antibiotic although ordered pre-operatively. She was discharged without antibiotics and without communication of her abnormal vital signs to the surgeon. She re-presented to the ER 12 hours later, underwent exploratory surgery to look for bleeding (none), experienced septic shock and died from a septic miscarriage.

Medical Malpractice/ Birth Injury

Plaintiff, a male newborn, was delivered on June 23, 2015, pale and hypovolemic. Defendants failed to timely administer fluids and provide appropriate respiratory assistance. As a result of the delayed resuscitation, he suffered hypoxic ischemic encephalopathy that necessitates 24-hour care. The baby’s neurologic complications include epilepsy, developmental delays, dystonia, and cerebral palsy. This is the highest Macon County verdict or settlement that has ever occurred in the County. (2020)

Power Rogers attorney Carolyn Daley secured a $10,455,566 verdict for their clients in a medical malpractice case. The case involved Dr. Kielb and Northwestern Memorial Hospital’s failure to properly diagnose R.C.’s incontinence, then negligently placing retropubic mesh and sling. The sling was removed months later, but R.C. continued to have pain and burning sensations in her pelvic region due to muscle and nerve damage. After a 2.5 week trial, the jury returned a verdict of $10,455,566.16, which was 5x more than Dr. Kielb and Northwestern’s pretrial offer.

R.C. and L.C. v. Northwestern Memorial Hospital, and Dr. Stephanie Kielb.

Medical malpractice verdict. Ms. Daley secured a $10,455,566 verdict for her clients in a medical malpractice case. The case involved Dr. Kielb and Northwestern Memorial Hospital’s failure to properly diagnose R.C.’s incontinence, then negligently placing retropubic mesh and sling. The sling was removed months later, but R.C. continued to have pain and burning sensations in her pelvic region due to muscle and nerve damage. After a 2.5 week trial, the jury returned a verdict of $10,455,566.16, which was 5x more than Dr. Kielb and Northwestern’s pretrial offer.

C. v. Union Pacific Railroad Co., et al.

Trucking: A 71 year old African-American man was injured on July 25, 1995 when a semi-tractor trailer owned by Chicago & Northwestern Railway Co. and Union Pacific Railroad Co. pulled from a stop sign at a T-intersection in Northlake in front of a truck traveling eastbound in which plaintiff was a passenger. He suffered a spinal cord injury which left him with incomplete paralysis in his arms and legs.

Jury Verdict: $10,430,617.92

Offer before trial: $1,600,000.00

Calbert v. Advocate Healthcare, et al

Medical malpractice verdict. Our client, C. Calbert, visited Advocate South Suburban Hospital because he had diarrhea for several days. Eleven days later, he was taken into surgery. To compensate for the drop in blood pressure he was experiencing, the patient was administered Levophed, a vasopressor medication. After surgery, he was instructed to slowly be taken off Levophed and switched to Neosynephrine, but only if his blood pressure dropped below 100. According to the plaintiffs, in the days immediately following his surgery, the ICU nurses did not perform the necessary testing on the arterial line – the line being used to monitor blood pressure. Because they were not testing the correct lien, there was a false read of low blood pressure. Because they detected low blood pressure, the staff gave the patient maximum doses of vasopressors, which he did not actually need. The overdose ultimately caused ischemia that necessitating amputation of his left arm and all of his toes.

Co-counsel with Larry R. Rogers, Sr., and Larry R. Rogers, Jr.

C., et al v. Transport Carriers, Inc., et al.

Trucking/Wrongful Death: The accident involved an International tractor which lost control on the ramp exiting the Chicago Skyway leading to the Day Ryan on July 1, 1999. The International tractor was being driven by Jesse Blackmon of Transport Carriers, Inc. After Mr. Blackmon lost control on the ramp, the Nissan Van being operated by plaintiff, attempted to avoid striking the Blackmon tractor and was rear-ended by a truck operated by Robert Lachowski of American Shipping and Packing. C. was traveling with his wife and children, 9 years old, 3 years old, and 9 months old. C. died as a result of his injuries.

Jury Verdict: $10,400,000.00

Offer before trial: $500,000.00

Offer during trial: $1,700,000.00

(2014) Medical malpractice. On September 4, 2007, Plaintiff presented to Advocate South Suburban Hospital after experiencing several days of diarrhea. He was admitted and taken to surgery on September 15th and during the surgery, he was administered the vasopressor medication Levophed for a drop in his blood pressure. Post-operatively, a consulting cardiologist ordered that the Levophed be weaned off and he be given Neosynephrine if his systolic blood pressure dropped below 100. Plaintiffs maintained that from September 15 – 17, the ICU nursing staff failed to perform dynamic response testing on the arterial line that was being used to evaluate Plaintiff’s blood pressure and as a result it was falsely reading systolic blood pressures below 100 when his true blood pressures were higher. As a result the nursing staff was administering maximum doses of vasopressors when he needed little if any. The excessive vasopressors caused vasoconstriction in his blood vessels and poor perfusion to his extremities causing them to become ischemic from lack of blood flow. As a result of the poor perfusion caused by the vasopressors, Plaintiff ‘s left hand, and the toes on both of his feet became ischemic, necrotic, gangrenous and needed to be amputated. The defense maintained that Plaintiff was a very sick man who was in septic shock with 5 system multi-organ failure and the poor perfusion was the result of a coagulopathy cascade caused by the sepsis and the body’s native shunting of blood to vital organs for survival. The defense maintained that Plaintiff desperately needed the vasopressors to survive his life threatening condition and but for the high doses of vasopressors, he would have died.

Medical negligence/wrongful death: 71-year old female presented to Chicago area hospital with chest pain, back pain, and fever. She had recently undergone chemotherapy for treatment of leukemia. While an inpatient at the hospital, she suffered an unwitnessed fall, resulting in a subdural hematoma. This brain bleed and its sequalae caused her death 2 weeks later. Plaintiff alleged that decedent was a moderate fall risk by objective and subjective measurement and additionally was at high risk for bleeding due to her thrombocytopenia (low platelets) from cancer and chemotherapy. Plaintiff alleged that the bed alarm was not properly set and that had fall precautions been implemented, Decedent’s fall and resultant injury and death would have been avoided.

Medical Malpractice: The mother of the deceased minor child delivered twins at 34 weeks at MacNeal Hospital by C-section. D., one of the twins, was diagnosed with a respiratory problem known as esophageal atresia with lower tracheoesophageal fistula. They diagnosed the condition on 11/15/06, ran tests on 11/16/06 and told family that on 11/17/06 they were going to attempt to reattach the esophagus to the stomach and address a fistula between the esophagus and lung. The family was told it would be 2-3 hours surgery, but after waiting 6 hours, they still had not heard anything. Finally they were told the problem was more difficult than anticipated and that they were waiting a specialist. Plaintiff’s investigation revealed that in fact a medical error occurred during the procedure. Instead of incising the fistula as intended, the surgeon transected the child’s bronchial tube to the lung and caused the lung to collapse. After the surgery, the child was on a ventilator and hospitalized until he ultimately died from his injuries.