Levin & Perconti secured an $8 million settlement on the first day of trial in a medical malpractice and wrongful death case against Silver Cross Hospital in New Lenox, Illinois. The case involved a 61-year-old grandmother who died after being admitted to the hospital for a kidney stone. This record settlement is the largest in Illinois for a woman in her 60s in a medical malpractice wrongful death case.
Key Takeaways:
- $8 Million Settlement: Levin & Perconti secured a record settlement in a wrongful death case against Silver Cross Hospital.
- Failure to Diagnose: The medical team neglected to treat a kidney infection, leading to the patient’s preventable death.
- Preventable Death: Prompt treatment could have saved the woman’s life, highlighting the importance of timely medical care.
- Legal Impact: The case sets a precedent for holding healthcare providers accountable for negligence.
How Did the Woman’s Health Deteriorate in the Hospital?
In April 2017, the woman was admitted to Silver Cross Hospital for kidney stone treatment. However, her condition worsened rapidly over the course of 26 hours, and she died from complications related to an undiagnosed infection that turned septic. According to Levin & Perconti, the hospital’s medical team of 10 professionals failed to recognize the infection in a timely manner, allowing it to spread and cause sepsis.
The plaintiff’s lawsuit, filed by Levin & Perconti, claimed that the doctors and nurses waited for the kidney stone to pass instead of addressing the infection, leading to the woman’s preventable death.
What Led to the $8 Million Settlement in This Case?
On October 11, 2022, as jury selection was set to begin, Levin & Perconti obtained an $8 million settlement for the family. The settlement highlights the medical malpractice negligence and the catastrophic consequences of failure to act promptly. This case sent a strong message to the medical community that negligent behavior leading to wrongful death will not go unpunished.
Margaret Battersby Black, managing partner at Levin & Perconti, emphasized the gravity of the situation: “The infection they allowed to kill her was completely treatable and the sepsis was completely preventable.”
Which Levin & Perconti Attorneys Were Involved in the Case?
The legal team behind the record-setting $8 million wrongful death settlement included several of Levin & Perconti’s most experienced lawyers:
Recipient of Super Lawyers Top 100 Lawyers in Illinois and Top 50 Women Lawyers honors, consistently recognized since 2020.
Awards include the 2023 Carole K. Bellows Women of Influence, and named to the Chicago Daily Law Bulletin’s “40 Under 40” in 2011.
Has led cases resulting in high-value recoveries—such as a $17.7M medical malpractice settlement, $9M birth injury, $4.1M nursing home verdict, and a $7.5M Jones Act award.
A seasoned trial lawyer awarded Best Lawyers in America and long-listed on Illinois Super Lawyers—Rising Star (2011–2019), Super Lawyer (since 2019).
Responsible for results like a $40M birth injury verdict, $2.9M nursing home verdict,, $12M medical malpractice verdict, and multi-millions in other malpractice wins.
With over three decades of trial experience, Perconti is nationally recognized for securing major results in wrongful death and elder abuse cases.
His advocacy helped establish Levin & Perconti as a leader in complex injury litigation.
Named to The Best Lawyers in America® for both Medical Malpractice and Personal Injury Litigation (2013–2025), and recognized as a Top 100 Illinois Super Lawyer for nine consecutive years.
A pioneer in elder law and patient rights, Levin has been instrumental in shaping policy and public awareness around nursing home abuse.
His extensive litigation experience includes multimillion-dollar verdicts and appellate wins across Illinois.
Why Was the Medical Team’s Response So Critical?
Two hours after admission, medical records indicated that the woman had an infected kidney and a kidney stone blocking her ability to pass urine. The records also revealed she was born with only one kidney. This detail was critical, as it meant that any damage to her remaining kidney would lead to a medical emergency.
Despite this crucial information being available to the medical team, the necessary steps to treat the infection and prevent further complications were not taken. Michael Bonamarte, managing partner at Levin & Perconti, described the situation: “This was an emergency medical situation but it was not a complicated one. The simple fix for the patient would have been antibiotics and placing a stent through the urinary tract system to allow the kidney to drain.”
Had this intervention been done promptly, the woman would have likely recovered and left the hospital within days.
How Will This Settlement Impact Future Medical Malpractice Cases?
Steve Levin, founding partner of Levin & Perconti, expressed hope that this settlement would serve as a warning to the medical community: “Our hope is that this substantial settlement sends a strong message not just to Silver Cross Hospital but to the entire medical community that this type of irresponsible, indifferent medical care will not go unpunished. They will be held accountable.”
This case is a stark reminder that even routine medical conditions, if left untreated, can lead to catastrophic results. It serves as a call for hospitals and healthcare providers to remain vigilant and responsive in the face of medical emergencies, particularly when patients have pre-existing conditions that increase their vulnerability.
About Levin & Perconti
Levin & Perconti is a nationally recognized law firm with over 30 years of experience advocating for the rights of people injured due to systemic flaws in medical practices and corporations prioritizing profits over people. The firm specializes in personal injury, medical malpractice, nursing home abuse, and wrongful death litigation, and is a pioneer in nursing home litigation, ensuring justice for vulnerable populations.
The attorneys involved in this case, including Michael F. Bonamarte, IV, worked relentlessly to achieve this historic settlement. Their dedication reflects Levin & Perconti’s mission to hold negligent healthcare providers accountable and prevent further unnecessary loss of life.
What Does It Cost to Hire Levin & Perconti?
Levin & Perconti operates on a contingency fee basis, meaning clients do not have to pay any upfront legal fees. Instead, the firm only collects a fee if the case is successful and results in a settlement or verdict. This allows clients to pursue justice without worrying about paying for legal services out-of-pocket.
