$2,500,000 to Injured Truck Driver

On 9/27/01 Tom, an over-the-road truck driver, was injured while picking up freight at defendant Precoat Metals's facility. When Tom arrived at the Chicago facility his flatbed truck was already partially loaded with five bundles, each bundle containing fifty of the 20' long channels. Tom was instructed to pick up five 2000 lb. coils of rolled steel and transport it to a business in Iowa. In order to transfer the rolled steel to his flatbed he needed to make sure that the complete load was properly balanced to ensure its safety while driving. A forklift operator employed by the defendant agreed to re-position the bundles so that the steel coils could be placed onboard. The objective was to lift the bundles already on the flatbed by using the forklift and then re-positioning them towards the back of the truck bed. The plan was for the forklift operator to lift the channels with the forklift, and then Tom would drive his truck forward enough so that the forklift operator would replace the load back on the bed of the truck. But when the forklift driver began lifting the load Tom was still on the flatbed, behind the channels. The forklift driver had not warned Tom he was about to do so, nor had he confirmed that Tom was out of harm's way. The channels slipped off of the forks and fell onto Tom, knocking him off the truck. The bundled channel, weighing in excess of 2,000 lbs., crushed Tom's legs. His right leg was crushed, requiring reconstructive surgery to save it, but his left leg had to be amputated above the knee

The case was tried over two weeks in October, 2005, before a Cook County jury in Chicago. While the jury was deliberating for its second day, the defendant agreed to settle the case for $2,500,000.

$2,864,000.00 - Medical Malpractice

On 12/13/95, Tom was a 33 year-old roofer who fell about 15 feet from a scaffold. The fall caused a comminuted fracture of Tom's lower right leg. He was taken to LaGrange Memorial Hospital where he was treated by Dr. Groya, an orthopedic surgeon. Later that day, surgery was done that inserted plates and pins in the tibia and fibula. Dr. Groya continued to treat Tom through February 5th of the following year. But Tom's right leg fracture had not healed. Because of intense swelling a blister developed and became an open sore exposing his bone. The bone was infected. In addition, his posterior tibia nerve was dead, crushed by the fall. On February 29th, Tom's lower right leg was amputated below the knee.

A medical malpractice suit was filed claiming that Dr. Groya chose not to treat the obvious symptoms of infection that Tom displayed, among other things. Because Tom had developed osteomyelitis, a bone infection caused by bacteria, the amputation was necessary. In a three-and-a-half week trial in June, 2002, the evidence was presented to the Cook County jury in Chicago. The jury returned a verdict in favor of Tom and against Dr. Groya for $2,864,000.00.

$2,100,000 - Elevator Injury in World Trade Center

On September 11, 2001, at approximately 8:45 a.m., Byron, a New York City bond trader, was in the lobby of the World Trade Center, Tower One, awaiting the arrival of an elevator. He had a 9:00 a.m. appointment with a company known as Stone Bridge Advisors, LLC. He was attending a meeting where a job offer was about to be finalized. The elevator he was awaiting for suddenly crashed from at least 90 stories above and the force thrust Byron into a guard station several feet away severely injuring him. Just minutes before and unbeknownst to Byron, an airplane commandeered by terrorists had crashed into the tower.

The United States Justice Department had been granted the September 11th Compensation Fund for the arbitration of claims such as this. I represented Byron through a program known as Trial Lawyers Care. My services were free. The hearing was held in New York on May 18, 2004. Byron and I presented evidence to an arbitrator. Later that same month, an award in favor of Byron was entered in the amount of $2,100,000.

$650,000 - Nursing Home Negligence

Kevin was born on July 4, 2003 to Ruben and Noemi. Kevin was diagnosed with a muscular disorder known as centronuclear myopathy. Kevin was treated at the neonatal ICU first at the University of Chicago Hospitals and then at LaRabida Children's Hospital. He was released to home on January 24, 2001, but was ventilator dependent and had a gastrostomy tube for feeding.

Beginning in March 2004, Kevin was under the home care of the defendant, Illinois Critical Care, and its nursing staff for 18 hours per day. One of the assigned nurses began her first shift on the afternoon of July 2, 2004. This was just her second visit to the home. She was not trained on the site. Kevin had been to his regular check up on July 1, 2003, with his pediatrician and pulmonologist. It was reported that Kevin was doing exceptionally well. The shift of the Nurse Olufotebi was to begin at 1:00 p.m. on July 2, 2004. Instead she arrived at about 1:45 p.m. She had described herself as an experienced pediatric registered nurse who had special background in the care and treatment of ventilator dependent children. Ruben and Noemi were at their home until Noemi drove Ruben to work leaving at about 3:00 p.m. During the brief time that Ms. Olufotebi was alone, Kevin Campos' tracheotomy had become dislodged for reasons that were never given. Ms. Olufotebi called 911. By the time the emergency medical team arrived, Kevin had died of asphyxiation, or suffocation. It was the plaintiff's claim that the nurse disconnected the ventilator, but was not able to reconnect it.

Before trial and at mediation, the case was settled for $650,000.

$550,000 - Medical Negligence

On September 8, 2006, Timothy, age 38, died at Northwestern Memorial Hospital of complications related to subacute bacterial endocarditis (heart valve infection). On arrival at Northwestern, Timothy had been diagnosed with systemic inflammatory response syndrome and septic shock.

Timothy was born in 1968 with a heart condition known as Tetralogy of Fallot. He underwent valve replacement in 1981. At the end of May 2006, Timothy became a patient of the defendant, Victor Colin, M.D., a family practice physician. His medical chart noted Timothy's history of Tetralogy of Fallot, as well as a loud heart murmur.

On August 21, 2006, Timothy presented to Dr. Colin complaining of sore throat and cough for about 4 days. His nose was swollen and red and he had a temperature of 103.2 degrees Fahrenheit. He was assessed with upper respiratory infection and cough and started on antibiotics. Timothy called again on August 23, 2006 asking for a note to keep him out of work because of his illness. On August 24, 2006, Timothy called again complaining of headache and temperature. He was prescribed a cough expectorant. On August 28, 2006, Timothy presented to Dr. Colin complaining of similar symptoms including a temperature of 101 degrees Fahrenheit. His throat had slightly improved but he had loss of appetite and ear pain. He was assessed with fever, cough and possible sinusitis.

On September 1, 2006, Timothy again presented to Dr. Colin this time with the assistance of his father. He had persistent fever and cough. He had not improved and in fact was generally worse with headaches and cough. Oxygen saturation on room air was 76% and his heart rate was 120. He was taken to Sherman Hospital, who admitted him for further evaluation. He was immediately diagnosed with subacute bacterial endocarditis and the next day transported by air ambulance to Northwestern Memorial Hospital for further treatment. Despite vigorous efforts by the staff, Timothy died on September 8, 2006. He was survived by his parents, an adult brother and an adult sister. He lived and shared expenses with his sister at a home they owned together.

This case was pending in Kane County, Illinois. On June 18, 2008 at mediation, the case settled for $550,000.

$2,100,000 - Medical Malpractice

Mary, the mother of four adult children and wife of Arthur for 30 years, complained of persistent headache, nausea, vomiting and was admitted to South Suburban Hospital on September 9, 2003 for evaluation. She was diagnosed during that hospital stay by defendant Dr. Bhasin, a neurologist, with a benign meningioma, or tumor, near her right frontal lobe. She was discharged to home on September 11, 2003 with an appointment to see a neurosurgeon at the University of Chicago Hospitals the following Tuesday. But on September 13, 2003, Mary reported to the emergency department with MRI scans and CT scans in hand, reporting the worst headache of her life, nausea, vomiting, and incontinence. She was seen by the defendant Dr. Labrador in the emergency department where she was given as shot of Demerol, which is contraindicated for patients with brain tumors. Dr. Labrador consulted with Dr. Bhasin by telephone who instructed Dr. Labrador to discharge this patient and to remind her to keep her appointment at the University of Chicago Hospitals on September 16, 2003. Mary was discharged barely conscious. She was not able to be aroused by her husband and family later that evening and early the next morning an emergency medical team was notified by a 911 call. Attempts to revive her failed and she died of brain herniation early that morning. Defendants in the case were the hospital and the two physicians.

At a pretrial conference held in November 2007, the parties agreed to settle this case for $2,100,000.

$750,000 - Medical Malpractice resulting in Death

Lucy, age 52, had been a patient of the defendant, David Birnbaum, M.D. since 1999. On August 14, 2001, Lucy reported to Dr. Birnbaum that she had rib pain for the past six months. No diagnosis or treatment plan was noted by Dr. Birnbaum. She returned to see Dr. Birnbaum on January 7, 2002 with a sore throat and was prescribed cough medicine. She returned again on July 26, 2002 complaining of a dry throat and cough. Again she returned on September 9, 2002 complaining of chronic cough, at which point Dr. Birnbaum referred Lucy to a cardiologist for a TEE, a test used to diagnose cardiovascular disease. The results were normal, but in a letter to Dr. Birnbaum the cardiologist recommended a chest x-ray be done. Lucy returned to see Dr. Birnbaum on December 2, 2002, still complaining of chronic cough. No chest x-ray was ordered. Instead Dr. Birnbaum referred Lucy to a pulmonologist, Dr. Schupp. Dr. Schupp saw Lucy four times from December 23, 2002 through June 18, 2003. At all of those appointments Lucy complained of cough and dry throat. Lucy was being treated for sinusitis and asthma, but not lung disease. Finally a CT of the chest showed a suspicious finding. A biopsy was done which found that Lucy had a 10 cm. tumor on the right lower lobe of her lung. She was diagnosed with lung cancer, Stage IIIB, which is an advanced stage. Lucy underwent extensive chemotherapy and radiation shortly after her diagnosis. In January 2006 she underwent a second round of chemotherapy and radiation. She passed away on April 28, 2006.

A lawsuit was brought claiming medical malpractice on the part of the defendants, the family practice physician, Dr. Birnbaum and the pulmonologist, Dr. Schupp for choosing not to diagnose and treat symptoms of lung cancer. After two mediation settings, the case settled before trial for $750,000.

$3,000,000 - Product Liability

On July 4, 1997, Linda, her husband, Jack, and their two young daughters, traveled by air from Chicago to Boise, Idaho. In Boise they rented a 1996 Chevrolet Blazer. En route to their vacation destiny, Sun Valley, Idaho, their vehicle was struck head on by a drunk driver while traveling east on a two lane highway. Although Linda and the two children survived the crash, rescue attempts by a passerby failed when the undercarriage of the Chevy Blazer became emblazoned by a fuel fed fire. Linda and her two daughters died as a result of the fire. Investigations revealed that the Blazer lacked a fuel line shutoff valve. Had the vehicle had a shutoff valve the impact of the crash would have activated it so that the valve could stop additional fuel from flowing and fueling the undercarriage fire. Because there was no shutoff valve there was ample fuel running underneath the Blazer and feeding the fire, making it impossible for Linda and her daughters to escape.

A lawsuit was filed against General Motors in the Circuit Court of Cook County. After a three and a half week jury trial, and before the jury returned with its verdict, General Motors agreed to settle this case for $3,000,000.

$2.1 million - Product Liability, Pharmaceutical

This case dealt with litigation regarding Meridia, an anti-depressant drug marketed in the United States. The drug was first developed by Boots Pharmaceuticals, but it abandoned the development efforts when clinical trials showed that Meridia led to a disturbing number of suicides. Ultimately, Boots sold the rights of this drug to Knoll Pharmaceuticals, who noted that the drug also was a cause of weight loss. Knoll altered the marketing to focus on weight loss. In 2000, BASF Corporation with the aspiration that Meridia would be a flagship drug in the Knoll program joined the venture to sell the drug to the public as a weight loss pharmaceutical. In the end, when Meridia did not meet BASF's sale expectations as a weight loss drug, Knoll was sold to defendant Abbott Laboratories. Abbott aggressively marketed this dangerous drug on the questionable strength of one flawed study and in spite of clinical studies and data revealing that Meridia was not even an effective agent for weight loss. In the end, the drug was marketed and was prescribed for weight loss and used by the patient who died as a result. This case was litigated in Lake County, Illinois. During pre-trial negotiations, the case settled for $2.1 million.