Significant Verdicts & Settlements

 

1. SIPHO BUN, INDIVIDUALLY, AND AS GUARDIAN OF THE ESTATE OF NARIN BUN, A DISABLED PERSON V. PROVENA ST. JOSEPH HOSPITAL AND LATOYA DILTZ
Case No. 03 LK 265, Kane County
$24,775,000.00:

Narin was a thirty-seven year old wife and mother of three children who went to Provena St. Joseph Hospital due to a severe toxic infection. A central venous catheter was placed to facilitate antibiotic therapy but after several weeks the infection had cleared and she no longer needed the antibiotics so the doctor ordered the catheter removed. Nurse Diltz carelessly removed the catheter so that air was sucked into the vein causing an air embolism which led to cardio-pulmonary arrest and permanent brain damage. The jury’s award of $24,775,000.00 was the largest personal injury verdict in the history of Kane County – the previous high verdict was $6,000,000.00.

 

2. ESTATE OF ROBERT ANTHONY RUSS v. CITY OF CHICAGO AND VAN WATTS, IV
Court number 99 L 6348
$9,600,000.00:

Russ was a 22 year old Northwestern football player traveling late at night from Evanston to his family home in Calumet City when a Chicago police officer attempted to pull him over due to an alleged improper lane change. Russ refused to pull over and a police chase ensued. Officer Watts joined the pursuit, forced Russ into a spin out and then approached the car. Watts screamed at Russ to exit the car and when Russ didn't move fast enough, Watts took a tire iron and smashed in the rear side window of Russ' car. Watts then opened the front door and when Russ suddenly turned with his hands to surrender, Watts flinched and pulled the trigger fatally shooting Russ. Watts claimed he never opened the front door and that Russ had reached out the broken rear side window and grabbed the officer's gun, pulled the officer and his gun inside the car, and that the gun then went off accidentally during the struggle. We were able to demonstrate the improbability of Watts' story. Amongst Plaintiff's witnesses were Dr. Michael Baden, Chief Forensic Pathologist for the State of New York and host of the HBO show "Autopsy", Dr. James Fyfe, head of the New York City Police Academy, and a then college student, now U.S. soldier, eyewitness who directly refuted Watts' account. The verdict of $12,000,000.00 was reduced by 20 percent for Russ' comparative fault in refusing to pull over resulting in a judgment for $9,600,000.00. Russ' son, Robert Anthony Russ, Jr., who was not yet born when his father was killed, is the sole beneficiary of the estate.

 

3. DORENE READY v. DR. VICENTE YAP
Court No. 744-155, Milwaukee County Circuit Court
$24,700,000.00:

Dorene Ready, twenty-three, the wife of Milwaukee Brewer infielder, Randy Ready, went to see Dr. Yap to obtain help in losing weight after her recent pregnancy with twins. Although she only weighed 128 pounds, Dr. Yap prescribed phentermine diet pills that caused her to suffer a cardiac arrhythmia leading to brain damage. The award provides for full time medical care for Dorene as well as compensation for her pain, suffering and disability.

 

4. NATAIYA HILL v. DR. CHARLES ALSTON and HOLY CROSS HOSPITAL
Court No. 97 L 03123, Circuit Court of Cook County, Illinois
$6,600,000.00:

Although once a cesarean always a cesarean was once the standard of care, in recent years doctors have been encouraged to try VBAC-vaginal birth after cesarean section. However, VBAC mothers have to be carefully watched. The Defendants didn’t carefully watch Nataiya’s mother and as a result her uterus ruptured and Nataiya suffered a severe brain injury.

 

5. JASON HOPKINS v. LOYOLA MEDICAL CENTER
Court No. 91 L 7880, Circuit Court of Cook County, Illinois
$4,750,000.00:

Jason was born with a heart defect but his doctors mis-diagnosed him and failed to correct this heart defect until it was too late. Jason suffered a severe brain injury.

 

6. LASHUN MYLES v. INGALLS MEMORIAL HOSPITAL
Court No. 81 L 26329, Circuit Court of Cook County, Illinois
$5,000,000.00:

In this case, a $5,000,000.00 verdict was rendered for a nine month old baby who was brought to the emergency room with a high fever and sent home with a diagnosis of a head cold. In fact, she had spinal meningitis and was left severely brain damaged.

 

7. ESTATE OF JUAN SALAZAR V. CITY OF CHICAGO AND OFFICER RAFAEL BALBONTIN.
Court No. 03 L 011638, Circuit Court of Cook County, Illinois.  $4,006,273.00 jury verdict.

In our most recent trial in October, 2007, I represented the family of 14 year old “Johnny” Salazar in a police misconduct case.  We alleged that Officer Balbontin had used excessive and unjustified force when he shot Johnny in the back when Johnny was running away.  The City claimed Johnny stopped and turned towards the officer putting him in fear for his life but we were able to show, due to the pattern of ejected bullet cartridge casings, that Balbontin opened fire before he claimed Johnny had turned.  Three years after the fatal shooting, Balbontin showed his stripes again when he stabbed his wife to death.  Although he was convicted of her murder, that fact was kept from the jury and Balbontin testified at trial in a suit and tie.  Nevertheless, we won the case and the jury awarded damages to Johnny’s mother and sisters for their loss of society.”

 

8. ESTATE OF SHARON STONE v. CAPITOL CONSTRUCTION GROUP
Court No. 91 L 11818, Circuit Court of Cook County, Illinois
$3,500,000.00:

Sharon, a thirty-eight year old mother of two children was exhibiting at an arts and crafts fair on north Michigan Avenue when a fifty pound piece of plywood left unsecured by construction workers, fell ten stories onto the back of Sharon’s neck and killed her. The defense claimed that the accident was an unforeseeable Act of God but the jury didn’t buy it.

 

9. DAVID GOTTSCHAMMER, JR. v. SUBURBAN HEIGHTS MED CENTER
Court No. 89 L 03958, Circuit Court of Cook County, Illinois
$3,990,000.00:

David, Jr’s mother had pre-eclampsia (high blood pressure during pregnancy) leading to a placental abruption and deprivation of oxygen to the child who suffered a severe brain injury.

 

10. MARTIN BARRETT v. DR. ARTHUR PAPPAS, United States District Court
Western District of Massachusetts
$2,300,000.00:

Barrett, a second baseman for the Boston Red Sox, hurt his knee on a routine play. The team doctor who was a part owner of the Red Sox, told Barrett he tore cartilage and sent him for rehabilitation so he would be able to resume playing in four to six weeks. In fact, Marty had torn his anterior cruciate ligament and needed reconstructive surgery. The delay in surgery ruined Marty’s chance for a comeback.

 

11. ESTATE OF CARRIE DUNKLIN v. COOK COUNTY HOSPITAL
Court No. 83 L 12869, Circuit Court of Cook County, Illinois
$1,500,000.00:

Plaintiff, a twenty-seven year old missionary, survived by an elderly mother and twelve siblings, jumped off an unguarded fire escape on the sixth floor of Cook County Hospital and died. Carrie had been admitted for a prior suicide attempt caused by high levels of steroid medication prescribed to her for Lupus, yet no suicide precautions were taken.

 

12. ESTATE OF WANDA ROSADO v. DR. RAO, et.al.
Court No. 98 L 04314, Circuit Court of Cook County, Illinois
$2,500,000.00:

Nineteen year old Wanda Rosado became very ill after routine surgery to remove her gallbladder. She spent seven weeks in St. Elizabeth Hospital but her doctors never tested for a bile leak. Wanda eventually went to the University Of Illinois Hospital where the doctors immediately suspected and diagnosed a bile leak but by then it was too late and Wanda died leaving a two year old son.

 

13. ESTATE OF DONALD STITES v. DR. TERRI DALLAS-PRUNKIS
Court No. 98 L 12867, Circuit Court of Cook County, Illinois
$1,500,000.00:

Donald Stites became addicted to pain pills given to him by Dr. Dallas and others. In order to get him off the pain pills, Dr. Dallas prescribed methadone but she prescribed a lethal dose and Donald was found dead two days later.

 

14. MARK DOW  v.  INTERPARK, INC.
Court No. 03 L 003749, Circuit Court of Cook County, Illinois
$1,126,808.70:
           
Forty-two year old Mark Dow exited his car in the parking garage of a downtown highrise condominium building when his feet suddenly slipped out from under him due to a patch of oil on the garage floor surface.  Both of the bones in his lower leg were broken and required surgical repair. When we looked at the scene, we thought that the incline of the parking garage where Mr. Dow fell seemed unusually steep and so we hired an architect to examine the premises.  He determined that the slope was almost twice the maximum allowed by the City of Chicago building code. The combination of the steep slope and the oil on the garage floor gave us the basis for establishing liability against the parking garage.  As to damages, Mark was a professional choreographer who was never able to dance after the injury.  He was still on crutches on the time of trial due to recent surgery to remove the surgical hardware from his leg.  We obtained for Mr. Dow one of the highest verdicts ever reported in Cook County for a slip and fall case with a broken leg. 

 

15. LYNN PIKRONE v. LESLIE McCLELLAN, M.D.
Case No. 03 L 829, Lake County
$1,387,400.00:

After years of chronic obesity, Lynn Pikrone decided to have gastric bypass surgery. Dr. McClellan, a bariatric surgeon, did the surgery but afterwards Lynn suffered from intractable vomiting. Dr. McClellan operated on her three more times but the vomiting persisted. A fourth operation at Rush North Shore was also unsuccessful. By the time Lynn went to the University of Chicago, she was in the end stages of malnutrition. The doctors at the University of Chicago discovered that the bypass had been hooked up backwards and, accordingly, they reversed the bypass hook-up, saved Lynn’s life and allowed her to live a normal life. The jury’s verdict was $1,387,400.00.