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Representative Verdicts and Settlements Prosecuted By Peter D. Kasdin, Ltd.

JG v. CMH:  $11,876,668.00 — Medical and Hospital Negligence

One-year old hospitalized boy was injured when medical and Hospital staff at a LaSalle County Hospital ignored signs of bacterial infection and thereafter administered the inappropriate antibiotic therapy to treat the infection. The failure of the defendants to appropriately treat the child resulted in brain damage spastic quadriplegia. The compensatory damage jury verdict represented the highest compensatory damage jury award in the history of Illinois at the time.

KS v. CH:    $10,000,000.00    — Medical and Hospital Negligence 

Toddler boy experiencing early signs of virulent meningococcal bacterial meningitis was initially misdiagnosed in the Emergency Room of a Chicago area Hospital by a staff physician with flu symptoms and sent home. When the child continued to deteriorate, the medical and hospital staff commenced antibiotic therapy too late to treat the infection. The child was left with brain damage and quadriplegia.

HS v. Farmers Ins. Co., et. al.      $5,500,000.00 — Motor Vehicle Liability

Twenty-one year old female school teacher died in Texas following sideswipe by underinsured driver of adjacent vehicle. The photographic damage to the vehicles confirmed that the driver side of the defendant’s vehicle initiated the contact with the decedent’s vehicle.  The plaintiff experienced conscious pain and suffering before she died the same day. The plaintiff settled with her insurance carrier for the policy limit of $5,500,000.00.

ARH v. LB, et. al.             $4,500,000.00 — Medical and Hospital Negligence

Inadequate prenatal care and delayed caesarian section delivery of a newborn boy at a LaSalle County Hospital resulted in brain damage, cerebral palsy, spastic quadriplegia and the inability to perform routine activities of daily living.

SW v. PCH, et al.    $4,250,000.00 — Medical and Hospital Negligence

Inadequate prenatal care and delayed caesarian section delivery of newborn girl at a Peoria County Hospital resulted in brain damage, cerebral palsy, spastic quadriplegia and the inability to perform routine activities of daily living.

DB v. KBE   $3,250,000.00   — Product Liability

Worker attempting to repair the control underneath the lifted bed of a truck when the control failed and the uplifted bed of the truck decapitated the worker leaving his widow and two children behind.  

JT v. EP, et al.        $4,020,000.00 — Motor Vehicle and Product Liability

Sixteen year old teen-age boy was paralyzed when he was ejected from his sport-utility vehicle following an intersection impact with an oncoming vehicle when his seatbelt inertially unlatched during the collision. The plaintiff is now wheelchair bound as a result of the injury.

MA v. MH             $4,000,000.00 — Medical and Hospital Negligence

Thirty- three year old father suffered a fatal heart attack while waiting to be seen by a staff physician at a Chicago area Hospital following triage by the Hospital Emergency Room nursing staff. The evidence revealed that the plaintiff would have been saved if he was seen within a reasonable period of time after he was triaged and thereafter placed on a cardiac monitor. The plaintiff was survived by his wife and three pre-school children.

AV v. LT                $4,000,000.00 — Medical and Hospital Negligence

Twenty-eight year old woman presented for an elective tubal ligation procedure to be performed at a Chicago area Hospital by a staff surgeon with the assistance of hospital nursing staff. The surgeon elected to perform the laparoscopic procedure using a laparoscope with a cracked lens that obscured a portion of the visual field. The nursing testimony disclosed that several other undamaged laparoscopes were available on site at the time. The plaintiff was discharged from the Hospital with an undiagnosed surgical bleed that ultimately led to a pulmonary embolism and her death two weeks later. She was survived by a young daughter.

BVM v. PCH          $3,500,000.00 — Medical and Hospital Negligence

Newborn boy was delivered with excellent Apgar scores but refused to breastfeed or bottle feed without nursing staff intervention in a Chicago area hospital during his 24-hour protocol hospitalization. Diagnostic films disclosed blood within the subarachnoid space of the baby’s brain that would create ongoing headache pain in the newborn that he could only express by crying. The baby was nevertheless discharged from the hospital with routine maternal instructions and the apparent discomfort continued at home. The newborn continued to refuse to feed at home and when finally readmitted to the Hospital his severe dehydration was responsible for brain cell death and severe neurological deficits.

CM v. RMH     $3,500,000.00 — Medical and Hospital Negligence

Newborn girl was delivered after experiencing fetal distress while in utero according to the bedside notes. The defense was unable to locate the fetal heart monitor printout that was at bedside and a claim based on spoliation of evidence was included in the case.

ATC v. EH   $3,500,000.00 — Medical and Hospital Negligence

Newborn girl was delivered after experiencing fetal distress. The child exhibits superior intelligence and has been successfully mainstreamed academically. Her extreme physical deficits foreclose her ability to perform routine activities of daily living.    

ATC v. EH   $3,500,000.00 — Medical and Hospital Negligence

Newborn girl was delivered after experiencing fetal distress. The child has exhibited remarkable adaptability and was successfully mainstreamed academically while her extreme physical deficits foreclosed her ability to adequately perform routine activities of daily living. Her damages included extreme motor dysfunction, speech dysfunction and subtle hearing impairment. The child’s disabilities appear more remarkable when juxtaposed against her intelligence quotient.

JS v. SFH    $3,492,000.00 — Medical and Hospital Negligence

Toddler presented to his pediatrician with a pimple on his eyelid. The pediatrician removed the pimple, the site became infected, and the infection traveled to the meninges of the brain resulting in global brain damage with spastic quadriplegia. The child requires twenty-four hour care.

EF v. NWMH   $3,250,000.00  — Medical and Hospital Negligence

Caesarian-section delivery delayed in mother with post-term pregnancy while hospital support staff and attending resident were unable to locate the attending physician. The baby was ultimately delivered by section with birth anoxia and in severe distress. The fetal heart monitor printout was described by the plaintiff’s expert as a “smoking gun.”    

DB v. KBE   $3,250,000.00 — Product Liability

Worker attempting to repair the control underneath the lifted bed of a truck when the control failed and the uplifted bed of the truck decapitated the worker leaving his widow and two children behind.

MJ v. AMG     $2,709,583.00 — Dental Negligence

Defendant’s delay in diagnosing plaintiff’s jaw tumor resulting in the removal of a greater portion of the jaw than would have been required with a timely diagnosis and excision of the tumor.

SP v. DB and RH $2,900,000.00   — Psychiatric Malpractice

Psychologically depressed 29 year-old woman under the care of her psychiatrist received assorted psychotropic prescription drugs from him in exchange for sexual encounters. The plaintiff developed a severe addiction to tenuate (speed) and ultimately ingested a potential fatal overdose of that drug because of her depression. When the semi-comatose plaintiff arrived at the hospital emergency room, the staff did not properly treat her critical condition, and as a result she developed intravascular coagulation and required the amputation of one arm to the elbow and the fingers of her other hand leaving only the middle finger. The plaintiff distinguished the law that would have barred recovery due to her self-inflicted injuries by demonstrating that she became insane and bereft of reason by the conduct of the psychiatrist. The result at the time represented the highest compensatory damage award in the history of Illinois for a self-inflicted injury.

JR v. Medicor Cardiology, et al.  $2,500,000.00 —Medical Negligence

Thirty-five year old healthy New Jersey father of three was scheduled for an exercise stress test before beginning a fitness program. While on the treadmill pursuant to the Bruce Protocol the cardiac monitor printout disclosed ST elevations suggestive of an impending heart attack. These signs were ignored by the cardiology staff and he was sent home to await results the following day. He died while at home that day leaving a widow and three young children.

CD v. GSH, et al. $2,300,000.00 — Medical and Hospital Negligence

Newborn boy was delivered Galena Illinois after experiencing fetal distress. His extreme physical and cognitive deficits foreclosed his ability to perform routine activities of daily living.

SJ Financial Corp. v. FS Airlease, et al.  $2,158,333.33 — Breach of Contract

Defendants defaulted on plaintiff’s rights to remarket several aircraft at the expiration of leases to Alaska Airlines and Air Florida. The plaintiff’s placed a lien on the aircraft and ultimately prevailed.

VP v. MGM Grand Hotel of Las Vegas, Inc. — $2,075,000.00

The plaintiff, a twenty-eight year old unmarried woman, lost her life in a Las Vegas fire due to the negligence of multiple contractors. The plaintiff did not leave any dependents and the recovery was based on the loss to her family of her society.

MAC v. SBH, et al.       $2,000,000.00    — Medical and Hospital Negligence

Newborn boy was delivered in a Chicago Hospital after experiencing fetal distress. His extreme physical and cognitive deficits foreclosed his ability to perform routine activities of daily living.

SM v. RME, et al.   $2,000,000.00    —      Motor Vehicle Liability

The decedent homemaker was killed in a suburban Illinois head-on collision when a truck operated by the defendant’s employee swerved into oncoming traffic. The decedent was survived by her husband, three adult children and a grandchild.

RN v. CTA             $2,000,000.00        —-            Motor Vehicle Liability

Plaintiff pedestrian was struck by a public transportation company bus while crossing the street. The plaintiff’s injuries included head trauma, skull fracture, orbital bone fracture and a fracture of the zygomatic arch. The defense argued that a prior brain injury was responsible for the occurrence.

PD v. RFCC, et al.    $1,990,000.00     —    Premises Liability (Pool)

Four year-old male drowned while a single lifeguard was on duty at a suburban Chicago Country Club pool and manual resuscitation failed. The Club and its management had failed to equip the pool facility with a defibrillator or other resuscitative equipment on site. The child was survived by his parents and two siblings.

JW V. MHMC            $1,925,000.00    —    Medical and Hospital Negligence

Chicago Medical Center and staff physician ignored gastrointestinal signs and improperly discharged the female patient ultimately resulting in her death from widespread infection. The standard of care required a complete gastrointestinal work-up to rule out sepsis or associated complication.

Estate of HR v. Strawbridge, et al.     $1,800,000.00 —Motor Vehicle Liability

Decedent, 80 years of age, was struck in a Florida cross-walk by a van operated by the defendant. The decedent suffered severe brain damage and was placed in a rehabilitation facility where he remained until he died a year later. The Kasdin law firm produced a day in the life video that demonstrated and preserved the nature and extent of the damages and became the operative evidence in the case.

LC v. M R S & C, et al.   $1,800,000.00 — Ophthalmic and Surgical Negligence

Plaintiff child experienced permanent eye and vision damage when she awoke from a drug- induced coma because of an insufficient anesthesia dosage while refractive surgery was in progress. The plaintiff will require corrective lenses for vision for the foreseeable future.

HF v. SFIC                        $1,600,000.00    —      Motor Vehicle Liability

The plaintiff involved in two separate vehicle collisions two months apart. The defense claimed the other collision was the cause of neck and myofascial pain. Herniated disc surgery three years post-occurrence.

JS v Cartwright, et al.    $1,502,000   —    Motor Vehicle Liability

Plaintiff truck driver accessing interstate highway and traveling within inside lane of traffic rear-ended by defendant’s 18-wheeler truck. The plaintiff claimed the impact exacerbated a dormant cardiomyopathy requiring a heart transplant.  The travel logs of the defendant driver and his passenger disclosed that, if accurate, both were sleeping at the time that the truck had traveled 90 miles before impact. They were circumstantial evidence that the operator of the truck violated federal regulations against driving an interstate vehicle while fatigued.

BB v. City             $1,500,000.00               Bicycle Injury (Premises Liability)

A twenty-three year old who was riding his bicycle on a City street when he struck a large hole surrounding a catch basin in the roadway near the curb. The hold had been present for more than two months and the City had actual notice of the defect that was scheduled for repair the next day. On the evening of the occurrence, there was one unlighted sawhorse in the hole. City employees admitted that such a configuration did not conform to the City’s practices but denied that it was in that condition when it last saw it. The plaintiff suffered a severe closed head injury and now resides with his parents who provide the majority of his care.

DM v. CH              $1,500,000.00   —   Medical and Hospital Negligence

Plaintiff undergoing routine hemorrhoidectomy suffered a severed rectal muscle leaving her partially incontinent of bowel. The event should not have occurred if standard surgical dissection procedure had been used.

EE v. WSH            $1,500,000.00   —    Medical and Hospital Negligence

Special needs adult plaintiff suffered increased intellectual regression attributed to mismanagement of anesthesia.

SG v. KJ               $1,400,000.00      — Medical Negligence

The left facial nerve of the plaintiff was severed by the defendant during a minor outpatient procedure to excise a benign lesion on her left cheek, leaving the plaintiff with a partially paralyzed left cheek. The recovery was based on the resulting disfigurement and pain and suffering.

TD v. Trans-Sterling, et al.         $1,400,000.00   —     Breach of contract

Las Vegas organization denied plaintiff’s claim for performance-based bonus compensation. The plaintiff recovered 100% of what was claimed due.

Plaintiff recovered for breach of employment agreement, including brokerage commissions, which had been withheld.

TW v. SD                                     $1,000,000.00   —     Bicycle Collision

Plaintiff, a middle aged woman, bicycling on a bike path along Lake Michigan sideswiped at a high rate of speed by a competitive bicyclist. The plaintiff experienced a jaw injury and difficult sleep suggestive of temporal mandibular joint syndrome.

WV v. STH, et al.   $1,275,000.00    —       Medical and Hospital Negligence

Plaintiff, a diabetic, was hospitalized and treated at defendant Hospital for disseminated intravascular coagulation and severe pain radiating down the leg. The delayed administration of anticoagulation therapy resulted in gangrene in the leg with ensuing amputation of the leg. The defense argued that the gangrenous pathology that required amputation was a mirror image pathology that existed in the remaining leg and therefore, the gangrene was not caused by any delayed treatment.

GN v. FAMC, et al    $1,080,000.00     —    Medical and Hospital Negligence

Plaintiff, a middle aged worker, presenting with symptoms suggesting left leg vascular thrombosis misdiagnosed as a strain by a Chicago worker’s compensation physician. He was placed on “light work,” an embolism traveled to his lung and he died shortly thereafter.

SG v. STH                 $1,000,000.00     —   Medical and Hospital Negligence

Newborn delivered with birth anoxia when the mother, a Jehovah’s Witness, rejected a Caesarian Section delivery because of the potential that a blood transfusion might be required during or following surgery. The child experienced intellectual deficits. The plaintiff was able to identify several local physicians who had delivered children of a Jehovah’s Witness without transfusion or blood on board.

BC v. IMH                      $900,000.00    —   Medical and Hospital Negligence

Hospital staff ignored late fetal decelerations on fetal heart monitor printout that demanded a caesarian-section delivery. The baby was stillborn because of the failure to intervene with an emergency caesarian-section delivery.

JB v. V of R                    $800,000.00         —     Assault and Battery

Pregnant young mother to be was home alone when investigating police knocked down her front door, pushed her to the ground and began a search for contraband. The innocent woman later suffered a first-trimester miscarriage. The defense argued that the fetus was not yet viable and fought the case for years until final resolution.

EP v. Pelz, et al.               $1,000,000.00     —        Motor Vehicle Road-Rage

The plaintiffs, husband and wife, were driving on an interstate highway when the defendant asserted that his limousine had been “cut-off” by the plaintiff. The limousine driver then began tailgating the plaintiffs’ vehicle. Fearing for their safety, the plaintiffs exited the highway seeking a police station where they could report the incident. The limousine driver followed the couple causing the husband’s vehicle to leave the road where he suffered heart rhythmic disturbance, cardiac failure and died at the scene.

FL v. HPH                        $1,000,000.00   —    Medical and Hospital Negligence

The plaintiff, a two-year old boy, was brought to the Hospital Emergency Room by his mother with a scratched cornea from a fall. The mother was instructed by Emergency Room staff to follow up with the Hospital ophthalmology office the next day. The ophthalmology office refused an appointment because the mother was on Public Aid. As a result of not being seen, the boy suffered vision loss in one eye that could have been prevented with prompt treatment.

BC v. IMH                        $900,000.00    —     Medical and Hospital Negligence

Hospital staff ignored late fetal decelerations on fetal heart monitor printout that demanded a caesarian-section delivery. The baby was stillborn because of the failure to intervene with an emergency caesarian-section delivery.

DO v. U of C                     $850,000.00    —     Medical and Hospital Negligence

Pregnant mother was placed into the control group of an experimental maternal-fetal program. The mother was not removed from the program when it appeared that her delivery should be delayed. The child was delivered with multiple cognitive deficits because of the failure to pursue early intervention.

AH v. ABH                         $800,000.00    —       Medical and Hospital Negligence

Elderly diabetic male recovering from a stroke in a rehabilitation facility was taken off Micronase that was required to treat his diabetes. The plaintiff ultimately suffered a diabetic coma and died leaving a widow, several adult children and grandchildren.

CW v. MSH                     $750,000.00    —      Medical and Hospital Negligence

Hospital staff conducted many vacuum extraction attempts to deliver the mother’s baby who was in fetal distress. The failure to intervene with an emergency caesarian-section delivery remained unexplained by Hospital staff. The baby was delivered with multiple deep depressions on his skull and died shortly thereafter.

IR v. LDC, et al.              $750,000.00         —      Construction Negligence

The plaintiff, a 43 year-old married mother of two children, had her home in a Chicago suburb inundated with a flash flood following a heavy storm. The property was located adjacent to a large construction site that the defendant developer was preparing to clear for multi-unit housing. The plaintiffs’ property damage amounted to approximately $35,000.00. The plaintiffs’ claim against the developer was rejected. Shortly thereafter, the plaintiff became ill with an upper respiratory infection that was ultimately diagnosed by a local pulmonologist as caused by a fungal parasite known as pulmonary blastomychosis. Research confirmed that the fungus grows in mud. Following a long and painful recovery with several tracheotomies, the plaintiff made a recovery.

FML v. WL                      $750,000.00       —      Premises Liability

The Estate of a female who suffered smoke inhalation during a fire at her Chicago apartment building claimed the fire had exacerbated her pre-existing sickle-cell anemia. The woman died five years after the fire. The apartment building had inoperable smoke detectors and exit sign lighting, no fire extinguishers or fire escapes, and the exit door was locked. The defense argued that it was impossible to maintain the building because it was in a high-crime area and that arson was an intervening criminal act that barred recovery.

MS v. KA                        $675,000.00         —     Motor Vehicle Liability

The plaintiff, a 16 year-old new driver, suffered a fractured lumbar vertebra while in the process of a left-hand turn when the defendant ignored the left turning vehicle and collided with the plaintiff’s vehicle.

 

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