|
These cases are just a few of the most recent results achieved by the firm. |
|
Noteworthy Recent Settlements and Verdicts |
|
· Cook County Verdict: $1,917,119.67 RECORD SETTING HIGH JURY VERDICT Personal Injury, Biking Accident, Fractured Shoulder (Cook County, July 2011) This verdict is the largest fractured shoulder verdict in Illinois history. This record setting verdict was featured in the Chicago Daily Law Bulletin on July 26, 2011. After 1.5 hours of deliberation and following a three-day trial, a jury awarded the Plaintiff a record high $1,917,199.67 for a fractured shoulder in Cook County, caused when the Plaintiff fell off his bike after striking a depression in a city street. The fall occurred on July 1, 2007 at the intersection of Marcey and Cortland Streets in Chicago, Illinois. On June 20, 2007, a crew employed by the City of Chicago removed the top layer of asphalt leaving the Commonwealth Edison vaults exposed and an uneven surface on the road. Five days later, on June 25, 2007, a small grinder crew smoothed the road surface of the same intersection in final preparation for the laying of the new layer of asphalt. In doing so, several uneven depressions were created within the road surface and located within the bike route. On July 1, 2007, the Plaintiff, a former tri-athlete, had entered the intersection in the designated bike route when the front wheel of his bike hit one of the depressions left by the small grinding crew, causing his bike to come to an abrupt stop and throwing him over the front of his bike. He landed on the ground on his left shoulder that suffered a comminuted, dislocated, and displaced fracture to his shoulder that required surgical repair. The Plaintiff incurred approximately $140,000 in medical expenses in treating his injuries. The jury awarded 6 out of the 9 line items to the penny that had been requested by Regina P. Etherton. The jury also rejected the City of Chicago’s arguments that the Plaintiff was comparatively negligent. · $6,500,000.00 Verdict Affirmed by Illinois First District Appellate Court (May 2009) Wrongful Death, Trucking Collision The First District Appellate Court of Illinois affirmed a $6,500,000.00 award by the Circuit Court of Cook County to the estate of Michael Williamson, deceased. The estate consisted of the Plaintiff’s wife and two adult children. State Farm Insurance Company issued a policy of $1,000,000.00 that should have covered the collision, but refused to tender its policy limits. A declaratory judgment case is presently pending and a bad faith case against State Farm Insurance Company will be pursued. After the Circuit Court issued its award, the defense filed motions to vacate the award and argued on appeal that the court abused its discretion in issuing the award. The Appellate Court disagreed and affirmed the trial court’s award.
This case emanated from a collision that caused the death of the Plaintiff, a husband and father of two, who was slowly burned alive when his semi was hit head on in McLean County, Illinois by another semi. The Plaintiff was a 57-year-old truck driver whose income supported his wife. The Plaintiff was hauling a tanker full of gasoline when the driver of the other semi crossed the highway median and collided with the Plaintiff’s truck. The impact caused his vehicle to catch fire instantly, slowly burning the Plaintiff to death while he remained inside his vehicle. The fire was so intense that all that remained of the Plaintiff’s 18-wheeler was a mangled, charred pile of metal. The fire caused extensive charring of the Plaintiff’s body. The impact completely amputated the Plaintiff’s right leg and both arms. The Plaintiff’s lungs protruded from his charred body. The impact fractured the Plaintiff’s skull. Photographs from the scene showed how the Plaintiff was struggling to escape from the burning vehicle. An eyewitness confirmed that the Plaintiff was alive and conscious for at least six minutes while he was slowly being burned alive. This witness had tried to rescue the Plaintiff and witnessed the Plaintiff being burned alive. This judgment was featured in the August 4, 2006, edition of the Chicago Daily Law Bulletin.
· Cook County Settlement: $750,000.00 (November 2011) Wrongful Death, Medical Malpractice A 17 year old African American who was on Public Aid was transported by ambulance to Holy Cross Hospital on 9/20/06. He was seen in triage for a history of 9 days of nausea, severe vomiting and diarrhea. A chest X-ray was obtained which showed cardiomegaly. Liver function tests were significantly elevated. There was no recording of the abnormal liver function tests in any of the physician or nursing notes. There was no indication on the discharge instructions that the Plaintiff or his mother were told of the cardiomegaly and/or the abnormal liver function tests. Instead they were told that the plaintiff had Gastritis only and he was discharged. Six days later, the plaintiff died from congestive heart failure. The plaintiff argued that the emergency room staff deviated from the standard of medical and nursing care by failing to diagnose and treat his medical condition. A complete history and physical examination should have been undertaken to evaluate his current cardiac status. Once, the severe abnormal liver function tests were reported from the laboratory, the emergency room should have evaluated the plaintiff for congestive heart failure. This would have included admitting him to Holy Cross Hospital, or another Medical Center, under the care of a cardiologist for a complete evaluation. Further, it was a deviation of the standard of medical care for the staff to not have informed the plaintiff and his mother of the findings of both cardiomegaly and the abnormal liver function tests. This Plaintiff should not have been discharged with a diagnosis of Gastritis, when the medical providers knew or should have known that he had cardiomegaly with elevated liver enzymes that required immediate evaluation for congestive heart failure. The defense argued that the plaintiff’s heart condition was so severe that he would have died from it whether or not there had been malpractice, that the diagnosis was consistent with his symptoms and that the plaintiff failed to comply with follow up discharge instructions that required follow up within 2 days. After a day long mediation, the matter was settled for a $750,000 cash payment on behalf of the defendant hospital, Holy Cross Hospital.
· Cook County Settlement: $850,000 (June 2006) Wrongful Death, Nursing Home Neglects Patient Causing His Death From Sepsis Then Manufactures Records The Plaintiff, a 71-year-old father and husband, was admitted to a nursing home for rehabilitative care for a urinary tract infection. His family could no longer take care of him as he was abusive and partially paralyzed. He had previously suffered a stroke that had left him paralyzed on his left side, had a catheter for ongoing urinary tract infections, and was in the early stages of dementia. He was admitted to the Defendant nursing home where he was a full-time resident. The Plaintiff’s care was neglected. He died of sepsis. The defense argued that the Plaintiff’s life was not worth anything because of his preexisting conditions and his mental state. Our law firm uncovered that the Defendant nursing home staff manufactured the Plaintiff’s records, making it appear as if the Defendant nursing home staff was examining him daily and providing tremendous care, when in fact the opposite was true. The Defendant’s records were proven to be false.
· Cook County Settlement: $500,000 (December 2010) Wrongful Death, Medical Malpractice The Plaintiff died of a heart attack after the Defendant doctor and medical office failed to diagnosis and treat the Plaintiff’s underlying heart problem. The deceased was a Polish immigrant who was employed as a truck driver. The deceased had an extensive cardiac history and cardiac symptomatology. He had smoked for all of his adult life, was obese, and did not engage in regular physical activity. The deceased, the day after he made a specific visit to the Defendants’ office regarding the cardiac symptoms that he was experiencing, had climbed up on top of the truck to unload debris, removed the tarp, climbed back down the ladder and, seconds later, had a cardiac arrhythmia and died. The Plaintiff argued that the ejection fractions of the deceased should have been tested during the year before the death of the deceased, the deceased should have been recommended for an AICD, should have had an AICD implanted, and should have been prohibited from engaging in his truck driving activities pursuant to the Code of Federal Regulations and the standard of care. All expert witnesses agreed that the deceased died from a cardiac arrhythmia and that even with compliance with the standard of care, in light of his extensive cardiac pre-existing condition, his life expectancy did not exceed 10 years. The Plaintiff left a wife and two sons. This case was recently featured as the lead case in the Chicago Daily Law Bulletin of notable new cases.
· Cook County Settlement: $500,000 (May 2006) Medical Malpractice Causes Stillborn The Plaintiff, who weighed more than 400 pounds in the final trimester of her pregnancy and who suffered from hypertension and preeclampsia, was 9-month’s pregnant when she appeared for her regularly scheduled examination and complained of decreased fetal movement. She was sent to the labor and delivery room to have fetal monitoring and for possible delivery. In the labor and delivery room, the Defendants failed to perform an ultrasound, an amniotic fluid index, or a non-stress test. Instead, the Defendants sent the mother home with instructions to urinate in a bucket and return to the hospital two days later. That same day, the fetus suffocated in utero as the cord became wrapped around his neck. The Plaintiff’s mother was a Public Aid recipient and unmarried at the time. She had one previously born biological child and subsequently delivered another biological child. Despite this being a high-risk pregnancy with a severely obese Plaintiff, the firm secured a large cash settlement.
· Cook County Settlement: $450,000 (May 2007) Personal Injury, Invitee Injured on Boat No Complaint was Filed by Plaintiff The Plaintiff, a 36-year-old female sales executive, was invited onto the Defendant’s boat for a trip to Michigan. About half way through the trip, the waters became choppy. The Defendant decided to continue on to Michigan, instead of turning back to the Illinois shore. In the process, a large wave hit the boat and threw the Plaintiff against the boat, causing a fractured ankle. The Plaintiff required surgery. The Plaintiff claimed the Defendant negligently operated his boat by traveling at excessive speeds and by navigating directly into waves. The Defendant argued that he was not negligent because the water turned choppy very unexpectedly. Further, the Defendant filed a complaint to exonerate himself from liability or to limit his liability to the cost of the boat ($350,000). Despite the fact that the Plaintiff never filed a lawsuit against the Defendant, and that the Defendant tried to limit his liability to the cost of the boat, Regina P. Etherton & Associates secured a large cash settlement within six months of being retained.
· Cook County Jury Verdict: $380,000 (July 2007) Verdict exceeds policy limits of $300,000 Personal Injury, Plaintiff Assaulted by High School Student The Plaintiff, a 17-year-old senior at Lemont High School, was assaulted on January 2, 2003 by another student of Lemont High School. The Plaintiff claimed the Defendant hit the Plaintiff over the head with a beer bottle as she entered a high school party. The Plaintiff claimed that her prior jaw pain was aggravated because of the assault. The Plaintiff sued the student for negligence as well as the student’s parents for negligent parental supervision. The Defendant claimed that she pushed the Plaintiff and yelled at her, but never hit or struck her with a beer bottle. The Defendant parents claimed that preventative disciplinary action of a minor, is not required under the law. The defense also claimed that the Plaintiff had three prior jaw injuries, had battled temperomandibular joint dysfunction for 5 years prior to the incident, the nature and extent of the Plaintiff’s temperomandibular joint condition had not changed after the assault, and that the beer bottle could not have caused any additional injuries. The offer on the case by all Defendants at the beginning and throughout the trial remained zero. The jury found the student and her mother liable and awarded a verdict that exceeded the $300,000 policy limits.
· Cook County Settlement: $325,000 (January 2009) Personal Injury, Pedestrian Struck by Motor Vehicle The Plaintiff, a 59-year-old male, who was formerly a professional skater, was crossing Huron Street where it intersected with Clark Street in downtown Chicago, when he fell and injured his shoulder. He got up and walked away and went to breakfast. Later that day, he went to the emergency room and was diagnosed with a fractured humerus. The Plaintiff contended that he was hit by a cab operated by the Defendant. The Defendant contended that the Plaintiff slipped and fell on ice and snow and that his cab never touched the Plaintiff’s body. The police were never contacted. No police report was ever made. There was no witness to the occurrence and no property damage to the Defendant’s vehicle.
· Cook County Settlement: Policy Limit $250,000 (April 2007) Total Settlement: $312,000 $251,000 for Plaintiff Daughter $61,000 for Plaintiff Father Personal Injury, Motor Vehicle Collision On June 14, 2004, the Plaintiffs, a 34-year-old daughter and her 70-year-old father, were driving eastbound in a motor vehicle operated by the Plaintiff daughter. The Defendant driver, traveling westbound, lost control of his vehicle and crossed over the center lane, crashing into the Plaintiffs’ motor vehicle head-on. As a result, the Plaintiff daughter, suffered a knee injury that required surgery and the Plaintiff father endured permanent damage to his left knee and left hand. The collision occurred on Touhy Avenue in Elk Grove Village, Illinois. The Plaintiffs claimed the Defendant negligently operated his vehicle. The Defendant claimed that he was not negligent because the car in front of him suddenly stopped, and he swerved to avoid hitting that car. Within a year of retaining Regina P. Etherton & Associates, the firm secured a large cash settlement for the Plaintiff daughter. The Plaintiffs recovered against both the Defendant driver who crossed over the center lane and the Defendant driver who stopped short in front of him.
· Cook County Settlement: $200,000 (November 2007) Personal Injury, Patron Injured by Bouncer Outside Bar. The 28-year-old African American Plaintiff was visiting a bar with his Assyrian girlfriend. According to the Plaintiff and his girlfriend, one of the bouncers made racial and inappropriate comments toward the Plaintiff’s girlfriend while they were entering the bar. Then, inside the bar, the bouncer continued to make the couple feel uncomfortable by his behavior and comments. The Plaintiff and his girlfriend decided to leave the bar and were followed outside by the bouncer and several employees. According to the bouncer, the Plaintiff was intoxicated, yelled obscenities, blocked the entrance to the door, demonstrated aggressive behavior toward his girlfriend, and appeared to be going to strike his girlfriend. In response, the bouncer placed the Plaintiff in a choke hold, slammed him to the ground, and held him there until the police arrested the Plaintiff. In the process, the Plaintiff fractured his ankle. The police charged the Plaintiff with the criminal charge of disorderly conduct and had him incarcerated. The charges were dismissed for failure to prosecute.
· Cook County Settlement: $152,500 (June 2009) Personal Injury, Crossing Guard Struck by Motor Vehicle The Plaintiff, a 79-year-old crossing guard, was helping children cross the street when she was hit by a motor vehicle that failed to obey the traffic signal. The collision occurred at the intersection of Luella Avenue and Sibley Boulevard in Calumet City. As a result, the Plaintiff suffered from a fractured ankle and a torn rotator cuff, and has been ordered to return to work. The adverse driver had a very small policy of insurance and an underinsured motorist claim had to be pursued. Regina P. Etherton & Associates was able to settle the case within a year of filing the complaint.
· Cook County Settlement: $150,000 (February 2011) Personal Injury, College Student Injured in Motor Vehicle Collision (Cook County, complaint filed October 2009) The Plaintiff, a twenty-four-year-old female college student, was coming to a stop at an intersection when the Defendant rear-ended her vehicle. The Plaintiff claimed myofascial pain syndrome and fibromyalgia as a result of the collision. The Plaintiff began treating immediately following the collision but her medical treatment was inconsistent due to her inability to pay for it. Defendants argued that Plaintiff slammed on her breaks and caused a very minor collision that could not possibly have caused myofascial pain syndrome or fibromyalgia. Additionally, Defendant argued that the etiology of fibromyalgia and myofascial pain syndrome are unknown and that Plaintiff’s prior medical and social history caused her conditions and not the collision.
· Cook County Settlement: $100,000.00 (Policy Limit settlement within 5 months of filing) (October 2011) Motor Vehicle Collision Injury |
