Medical Malpractice

S.H. v. Northwestern Memorial Hospital:

Record high $14 million verdict against a doctor and hospital for not following and ignoring abnormal chest X-ray results, which caused a substantial delay in the diagnosis of lung cancer.

Chicago Daily Law Bulletin article 8/04/00
Chicago Daily Law Bulletin article 6/25/02

D.G. as administrator of the estate of M.G. v. Mario Yu, M.D. et al.:

$7.62 million verdict against an HMO doctor who disregarded the mother's complaints of postpartum bleeding, which resulted in her bleeding to death.

Chicago Daily Law Bulletin article

S.W. as mother and next friend of S.W. v. Christ Hospital and Medical Center:

$6.71 million verdict against a hospital because an inexperienced resident performed a vaginal delivery of a breech presentation (bottom first) resulting in shoulder dystocia and a crippling brachial plexus arm injury.

Chicago Daily Law Bulletin article

R.S. for O.S. v. Advocate Bethany Hospital:

$5.35 million settlement against a hospital and hospital staff for failure to diagnose postpartum cardiomyopathy in an 18-year-old woman who had just had her first child one month earlier.  The victim died as a result of this failure to diagnose.

Chicago Daily Law Bulletin article

C.E. v. Michael Reese Hospital:

$5 million verdict against a doctor and resident for mishandling a breathing tube, losing our 14-year-old quadriplegic client's airway, which led to her death.

Chicago Sun-Times article
Chicago Daily Law Bulletin article

D.J.B., a minor by his guardian E.J., v. David Freedman, M.D., et al.:

$4.5 million settlement for a child who suffered brain damage causing cerebral palsy as a result of a family practice physician's failure to perform a timely Caesarean section in the face of fetal distress.

National Law Journal article
Chicago Daily Law Bulletin article

M.C. and L.C. v. Unidentified Defendant:

$4 million settlement for conduct by an unidentified defendant to a liver transplant recipient causing a liver transplant rejection necessitating a second liver transplant causing end-stage renal disease and hemodialysis.

B.S. v. Boyle:

$3.6 million settlement for a radiologist's failure to correctly interpret an X-ray, missing a massive tumor which caused the death of a 29-year-old husband and father.

Special Administrator for the Estate of Jane Doe v. Defendant Hospital:

$3.3 million settlement for the family of a patient who died from severe head trauma and a subdural hematoma.  The hospital was negligent in failing to prevent the patient from falling and hitting their head, despite the patient's known risk for falls.

D.B. v. West Suburban Hospital (Oak Park, IL):

$2.9 million settlement for a child who suffered mild brachial plexus injuries that resulted from Dr. Weaver's failing to use proper disimpaction techniques to address a shoulder dystocia which caused excessive force placed upon the infant's head and nerve injury.

Estate of Jane Doe v. local laboratory:

$2.3 million settlement against a laboratory for failure to properly read pap smears, resulting in the misdiagnosis of cervical cancer and eventual death of a 35-year-old mother of three children.

J.L. as mother and next friend of R.L. v. Dulce Malines, M.D., et al.:

$2.3 million settlement for a child who suffered severe brain injury and cerebral palsy as the result of a uterine rupture in a vaginal birth after Caesarean (VBAC) delivery that could have been avoided had the doctor and hospital performed a timely Caesarean delivery after the mother complained of a ripping and tearing sensation in her uterus.

News-Sun article

T.B. v. Undisclosed Chicago Hospital:

$2.25 million medical malpractice settlement for failure to diagnose infection for a 5-year-old boy, who had survived a bone marrow transplant from his brother to treat his acute myleucytic leukemia and resulting graft versus host disease, developed septic shock, acute respiratory distress syndrome, and intercerebral hemorrhage causing his death.

B.S. v. Lutheran General Hospital:

$2.1 million settlement against a hospital and doctors for the failure to manage prolonged elevated blood pressure of a 17-year-old dialysis patient which caused a hypertensive emergency resulting in death.

M.R. and K.M.R. v. Undisclosed Defendants:

$2 million settlement for a 45-year-old optician and his wife against two chiropractors and an internist who failed to diagnose and refer for appropriate treatment the man’s cervical stenonsis,  which allowed it to progress to a condition of severe cervical spondylitic myelopathy, ultimately causing permanent loss of fine motor control, loss of sensation in his lower extremities, inability to work, difficulty performing normal activities of daily living, and other serious physical hindrances.

T.W. v. Wrona:

$2 million settlement against a physician in a wrongful birth case for his failure to tell the mother that testing showed her child had severe birth defects, resulting in the delivery of a profoundly brain-damaged baby.

Chicago Sun-Times article

M.R. v. Hai Solomon, M.D.:

$1.95 million settlement against a gynecologist and his hospital employer who unnecessarily sterilized an unmarried 28-year-old woman with a mass on her left ovary by performing a total abdominal hysterectomy and bilateral salpingo-oophorectomy (removal of all her reproductive organs).

J.C. as administrator of the estate of L.C. v. Nagui Hanna, M.D., and Sisters of St. Francis Health Services:

$1.8 million settlement against an emergency room doctor and staff whose failure to provide proper I.V. fluid resuscitation to a 19-month-old boy resulted in his death from dehydration.

R.C. as administrator of the estate of T.C. v. Rush Presbyterian Saint Luke's Medical Center, et al.:

$1.8 million settlement against a hospital and doctor for the death of a mother that could have been avoided by diagnosis of and timely response to her impending immediate postpartum sickle cell crisis.

M.W. as administrator of the estate of M.W. v. Eliot Roth, M.D., et al.:

$1.5 million settlement for an 80-year-old patient who was recovering from a stroke when a feeding tube was placed in his trachea instead of his esophagus, resulting in pneumonia, which led to his death.

C.F. as mother and next friend of D.J. v. Evanston Hospital

$1.35 million birth injury settlement for a newborn who suffered severe and permanent brachial plexus injuries during delivery as a result of the  defendant's failure to perform the proper disimpaction techniques.  As a result, she suffers from Erb's Palsy and requires ongoing physical and occupational therapy.

W.M. and D.M. v. University of Chicago Hospitals:

$1.25 million settlement for a 70-year-old patient who, as a result of treatment for prostate cancer, suffered radiation burns to the rectal wall due to improper placement of radioactive seeds (brachytherapy) in the prostate requiring numerous surgeries and loss of all bladder and bowel function.

G.R. and D.R. v. a Local Municipality and its Paramedics and Hospital:

$1.1 million settlement against a village, its paramedics and a hospital for failing to timely transport a 55-year-old asthmatic to the hospital and to provide necessary resuscitative measures, causing cardiac arrest.

J.A., a minor, et. al v. CB, M.D.

$1.03 million verdict against a doctor for improperly performing the McRoberts maneuver in the delivery of a baby who developed shoulder dystocia during birth, resulting in a crippling brachial plexus arm injury.

C.W. as administrator of the estate of L.D. v. Stanley Sims and Humana Health Plan:

$1 million settlement against an HMO doctor for failing to diagnose and treat a failing artificial heart valve, which resulted in the patient's death.

J.S., a minor v. Dr. R.T.:

$1 million settlement against a pediatrician for failure to diagnose meningitis in an 18-month-old boy.  The physician's error led the boy to suffer hearing loss and brain damage.

C.H. v. LGH:

$975,000 settlement for a 58-year-old female who suffered permanent ulnar nerve damage due to defendant hospital’s staff’s failure to properly position, pad, and monitor the condition of her dominant right upper extremity during a prolonged surgical procedure under general anesthesia.

T.S. v. Kamen:

$950,000 settlement against a physician for failing to biopsy a known breast tumor, resulting in the delay of diagnosis of breast cancer, causing death.

A.P. v. Dr. Michael Pourtabib:

$850,000 settlement against a physician for failing to diagnose and treat diabetes during pregnancy which resulted in diabetic ketoacidosis in the death of a 26 week old fetus.

J.P. v. John Doe doctor:

$750,000 settlement for a doctor's failure to test a mother for HIV, which resulted in her baby being born with HIV.

P.S. v. S.G.:

$750,000 settlement against an attorney for failing to file a medical malpractice action within the Statute of Limitations.

L.C. v. Bariatric Treatment Center and Dr. Roy Berkowitz:

$700,000 settlement for a 34-year-old plaintiff against a Belvedere Bariatric Treatment Center and Dr. Berkowitz for failure to appropriately respond to a postoperative infection after gastric bypass. L.C. suffered a severe infection requiring additional surgeries and additional scarring.

C.S. v. Rush Presbyterian - St. Luke's Medical Center and Dr. Nguyen:

$650,000 settlement against Rush Presbyterian and a doctor who administered a 17-year-old plaintiff brachytherapy for a cancerous tumor on the back of her leg and during the brachytherapy caused serious burns which took two years to heal.

R.W. v. Defendant Doctor and Defendant Pharmacy:

$650,000 settlement against a pharmacy and a doctor who failed to provide the victim with new medication dosing instructions after the doctor changed the dose of his regular medication.  As a result, he suffered toxicity and died as a result of this negligence.

R.P. v. Leimbach:

$630,000 settlement against a physician for failing to perform an annual pelvic exam, which resulted in the untimely diagnosis of ovarian cancer.

D. N. v. Edge:

$530,000 settlement against a doctor for a 36-year-old male who suffered a serious second bout of pancreatitis and developed chronic pancreatitis due to psychiatrist’s negligence in prescribing Depakote.

K. C. v. Bernstein, M.D.:

$500,000 settlement against a physician who incorrectly interpreted a 59-year-old’s prostate hormone levels and failed to refer patient to a urologist causing a nine month delay in diagnosis of prostate cancer resulting in a more invasive surgery causing impotency and a recurrence of the cancer requiring radiation therapy.

J.C. v. William A. Mohs, D.P.M. and Forest View Foot & Ankle Center:

$400,000 settlement against a podiatrist who deviated from the required standard of care in treating a 54-year-old woman’s mild bunion by selecting an unnecessarily invasive procedure involving cutting through bone, a Hohmann osteotomy, using inadequate fixation, and allowing premature weight bearing, which necessitated six subsequent remedial procedures and resulted in permanent pain, disfigurement, and disability.