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Your Chicago Attorneys for Injuries from
Medical Malpractice

We put our trust in healthcare professionals, but sometimes there are errors in treatment, missed signs of serious illness or careless health management which can cause serious pain and suffering for our loved ones, and even death. And when there are significant errors, the last thing you want to worry about is how this happened and where to turn next. It is possibly the most challenging time of life. This is when we can help.

The attorneys at Kaveny + Kroll are experienced in seeking justice for people injured through negligent doctors, nurses, hospitals or any type of medical care or facility. We stand for your rights.
Please call the attorneys at Kaveny + Kroll today for a free confidential consultation at 312-761-KKTL (5585).

According to the Journal of the American Medical Association, medical negligence is the third leading cause of death in the U.S. right behind heart disease and cancer.

3B

Was spent in medical malpractice payouts, averaging one payout every 43 minutes.

250,000

People in the United States die every year because of medical mistakes.

Source: American Medical Association

CASE STUDIES

Click through the tabs below to learn about a few of our cases involving MEDICAL MALPRACTICE.

2017 | Barbara D. v Gore, MD and Northshore University HealthSystems | Cook County | $1,950,000 Settlement

Barbara (54) presented to the E/R experiencing shortness of breath. A CT revealed a large empyema in her right lung, she was admitted. Defendants placed an endotracheal tube but allegedly did not reposition it as it moved towards her vocal cords and she accidentally self-extubated. She suffered anoxic encephalopathy, slipped into a coma and died ($228,234 medical expense). Reportedly, Barbara had significant co-morbidities that reduces her life expectancy. She is survived by her 4 adult siblings.

2017 | Daniel L and April L. v David Nadelman, Assicociates in Pediactrics, S.C., Shannon Holt Naumann, CEP America-Illinios, P.C. and Sherman Hospital | Cook County | $2,000,000 Settlement

Male 10 months old died from sepsis after contracting bacterial colitis, which went undiagnosed. His parents brought him to the E/R and the physician there contacted defendant Dr. David Nadelman, the on-call pediatrician who admitted the child to the general floor. Allegedly, hospital staff alerted Dr. Nadelman of the child’s worsening condition several times but Dr. Nadelman never visited him.

2015 | Cook County | $1,650,000 Verdict

A physician’s group failed to timely diagnose a 74-year-old woman’s renal cancer.

2015 | Sean S. v Rush University Medical Center | Cook County | $4,400,000 Settlement

Sean (26) presented to the E/R with severe abdominal pain. A CT scan revealed a grossly enlarged appendix. He was diagnosed with acute pancreatitis and discharged with instructions to follow up with his PCP. Defendants PCP reviewed the imaging but allegedly failed to order any further testing or refer Sean for a surgical consultation. Over the following eighteen months, Sean returned to defendants with varying related complaints. Defendants eventually diagnosed Sean with appendicular cancer. However, by that time, the cancer reached Stage IV and metastasized throughout his body. He succumbed to the disease at age 28. He is survived by his parents and one sister.

2014 | David Y. v Northshore University Healthsystem | Cook County | $5,511,566 Verdict

After David severely dislocated his left knee he saw deft orthopedic surgeon Patrick Birmingham. Dr. Birmingham changed his splint and scheduled surgery for August 16. When David male (44), an electrical engineer, presented to Skokie Hospital on August 16, Dr. Birmingham cleared him for surgery. However, David suffered a massive pulmonary embolism while being intubated for the procedure. Although he was resuscitated, he never regained consciousness and died two days later in the ICU (survived by his wife and two daughters). The fatal pulmonary embolism was caused by a blood clot that had traveled from his injured leg and through his heart before lodging in his lungs. The estate argued defendants negligently ignored David’s multiple risk factors for deep vein thrombosis (including his age, weight, prolonged immobility, and traumatic injury), failed on August 13 to appreciate signs and symptoms of deep vein thrombosis formation (swelling, pain, and warmth in the injured leg), only performed a cursory preoperative examination on the date of surgery, failed to order necessary tests, failed to diagnose the DVT, and failed to order a hematological consult for prophylactic anticoagulation therapy. The defense denied negligence and contended there were no symptoms to warrant further testing. The jury deliberated two hours.

2014 | Ashanti N. v University of Chicago Medical Center | Cook County | $32,000,000 Settlement

Hospital staff failed to timely diagnose 8-year-olds septic arthritis after she presented to the E/R — even though she fit the risk profile for the disease–and ran tests for 24 hours without administering the necessary antibiotics, which permitted the infection to spread throughout her body. As a result, gangrene developed which necessitated amputation of all four limbs (arms below the elbow, and legs below the knees); her internal organs were also damaged.

2014 | Michael Z. v Advocate Health & Hospitals Corp. | Cook County | $10,000,000 Settlement

An arteriovenous malformation on the left side of Michael Z.’s brain ruptured- resulting in catastrophic neurological damage with paraplegia, difficulty speaking and vision impairment which necessitate 24-hour care. The malformation had been identified while male (33) was receiving treatment for a head injury from a non-employee neurosurgeon at Advocate Good Samaritan Hospital in Downers Grove. The neurosurgeon incorrectly concluded that the abnormality was benign, so no further treatment was recommended.

2014 | Robinson v Redhead, MD | Cook County $4,000,000 | Settlement

2013 | Ronald I. v St. Francis Hospital | Cook County | $3,000,000 Settlement

Female 59 with a history of hypertension and tobacco use was brought by ambulance to the St. Francis Hospital (Blue Island) E/R with severe chest pain and sweating. During a workup for a possible myocardial infarction, the exam revealed that her chest pain showed signs of movement, and an echocardiogram identified moderate-to-severe aortic regurgitation and a widening aortic route–indications of an aortic dissection. Further, a CT-scan of her abdomen found an intramural hematoma, which is bleeding within the wall of the aorta when a dissection is about to occur. However, plaintiff’s aortic dissection was not diagnosed, and she died on April 6 (survived by her husband and 6 grown children). Her estate cites $73,728 medical expense and LT of $26,000 per year as a supply’s supervisor.

2013 | Rebecca W. v West Suburban Medical Center | Cook County | $5,000,000 Settlement

Rebecca (47) was taken by ambulance from her work to the E/R. She had allegedly suffered a subarachnoid hemorrhage. Several hours later, she was found unresponsive in the E/R bathroom after suffering a second hemorrhage. She died two days later, survived by her husband and three daughters. Plaintiffs claimed that defendants should have provided treatment more promptly. Defendants contended that Rebecca suffered from a severe form of fibromuscular dysplasia that rendered her susceptible to vertebral dissection and hemorrhages, and that their response was appropriate.

2013 | Daybook v Gore, M.D. | Cook County | $1,950,000 Settlement

2012 | Estate of Michel v Holy Cross Hospital | Cook County | $8,000,000 Settlement

Allegedly, staff at the Holy Cross Hospital E/R did not properly care for male 43 asthmatic. Among other things, defendants incorrectly categorized the patient’s respiratory distress as “”moderate,”” failed to obtain a peak flow rating (measurement of his airflow obstruction) and did not institute one-on-one monitoring. As a result, he suffered respiratory arrest and hypoxic-ischemic encephalopathy which rendered him comatose for roughly 4 years prior to his death (survived by his wife and two children).

2012 | Cook County | $7,500,000 Settlement

Mother entered Advocate Christ Hospital with her fetus at 37-weeks’ gestation, reporting a decrease in fetal movement. The baby scored poorly on a biophysical profile, but the attending obstetrician ordered an induction of labor with Pitocin. Over the next several hours, fetal monitor tracings were non-reassuring, but a C-section was not promptly done. As a result, the female newborn suffered hypoxic-ischemic encephalopathy with cerebral palsy. Now 9, she has the motor and language skills of a toddler.

2012 | David J. v Northshore University Faculty Practice Associates | Cook County | $5,551,566 Settlement

David 52 suffered a fatal DVT (survived by wife and two daughters ages 12 and 14; $1,400,000 LT as an engineer). Allegedly his orthopedic surgeon failed to recognize several significant risk factors and active symptoms of DVT.

2012 | Sharone L. v Nadelman | Cook County | $2,250,000 Settlement

Sharone (59) was allegedly administered a toxic dose of lidocaine which resulted in cardiac arrest, brain injury, and her death ($450,000 medical expense). Defendants disputed negligence and claimed Sharone’s injury and death were caused by her significant co-morbidities including end-stage renal disease, coronary artery disease, and morbid obesity.

2011 | Bradley S. v Evanston Northwestern Healthcare | Cook County | $12,000,000 Settlement

Male 37 attorney was brought to the Glenbrook Hospital (Evanston) E/R with a severe headache, chills, and dizziness. Allegedly, hospital staff failed to timely diagnose his meningococcemia and delayed the start of antibiotics by more than 6 hours, leading to development of septic shock and DIC–which necessitated partial amputations of both legs and an arm, and resulted in blindness in one eye. He cites $1.2 million past medical expense plus $4 million LT (although he has returned to work). Settlement also resolved spouse’s consortium claim.

2011 | Mateo R. v Dr. Jennifer Friedman | Cook County | $3,200,000 Verdict

Male newborn suffered a severe stretch injury to the right-side brachial plexus nerves at C5-C7 and T1 (which resulted in permanent strength and range of motion deficits in his right arm) during his vaginal delivery after shoulder dystocia was encountered. Among other things, the defendants allegedly failed to properly assess the mother’s risk of fetal macrosomia (the baby weighed 11 pounds 5 ounces at birth), did not recommend a C-section despite a protracted second stage of labor, and employed excessive lateral traction during the delivery.

2011 | Charles and Elizabeth S. v University of Chicago Medical Center | Cook County | $300,000 Settlement

Failure to detect patient’s colon cancer during her colonoscopy resulted in a 10-month delay in diagnosis. Female 57 is now 3+ years out from diagnosis without a cancer recurrence.

2011 | Concepcion C. v Alexian Brothers Medical Center | Cook County | $375,000 Settlement

Lawsuit asserts that defendants’ failure to timely report plaintiff’s abnormal mammogram resulted in a 14-month delay in the diagnosis of her breast cancer. Defense had argued that the patient’s treatment was not impacted. Reportedly, female 62 has not had a cancer recurrence in the four years since diagnosis.

2011 | Beverly v USA | Northern District of IL, Federal Court | $9,000,000 Verdict

Wrongful death of a 40-year-old woman who was married, the mother of six children and pregnant. This also charged the wrongful death of her unborn child. Beverly was a 40-year-old mother to six girls and was pregnant with her seventh child. During her 34-week prenatal visit, she was noted to be short of breath and was advised to go to the emergency room of Norwegian American Hospital. Shewas admitted for pneumonia and she was known to have a history of asthma. Approximately 24 hours into her admission, she went into pulmonary-cardiac arrest and died. A crash c-section was performed but her baby was stillborn.

2011 | Cook County | $6,750,000 Settlement

Plaintiff female 63 was admitted to Provena St. Joseph Hospital with complaints of headaches and difficulty speaking. The following day, she was seen by defendant neurologist Dr. Syed Munzir who diagnosed her with a stroke and ordered an MRI. Defendant radiologist Dr. Patrick Para read the MRI as indicating ischemia or stroke. After 5 days, plaintiff was released to her family. After 2 days at home, she had difficulty breathing and was taken back to the hospital by ambulance. At that time, she was correctly diagnosed with herpes simplex encephalitis. The delay in diagnosis led to a brain infection and permanent brain damage.

2011 | Zegarski v Jackson | Cook County | $10,000,000 Settlement

2008 | Cook County | $1,500,000 Settlement

Defendant failed to perform diagnostic tests and procedures despite multiple abnormal Pap smears and failed to diagnose and treat plaintiff’s pre-cancerous lesions allowing plaintiff’s cervical disease to develop into cervical cancer and become invasive, spreading to the lymphatic system. Plaintiff underwent radical hysterectomy, radiation therapy and chemotherapy at age 33 ($246,090 medical, $80,698 LT as customer service representative). Plaintiff had one daughter before diagnosis and remains cancer-free two years post-diagnosis.

2007 | Estate of Elra T. v St. James Hospital | Cook County | $9,300,000 Settlement

Female 47 was admitted to hospital with end stage renal failure due to years of uncontrolled hypertension and was diagnosed with TTP (thrombotic thrombocytopenic purpura). While placing catheter for plasma exchange, resident punctured subclavian vein causing internal bleeding which went undiagnosed. Plaintiff became hypovolemic and suffered a stroke resulting in brain damage and quadriplegia. Plaintiff now requires 24-hour care ($2,273,756 medical expense).

2007 | Iannoni v Bane, M.D. | Cook County | $3,000,000 Verdict

A Country Club Hills woman died after doctors at St. James-Olympia Fields Hospital sent her home without the diagnosis or treatment of a pulmonary embolism.

2007 | Michael B. v Holy Cross Hospital | Cook County | $7,000,000 Verdict

Michael B. was brought to Holy Cross Hospital’s emergency room suffering from a severe asthma attack. Paramedics administered two doses of Albuterol and a shot of epinephrine which resulted in only slight improvement of his severe respiratory distress. At the ER, Michael male 43 was seen by Dr. Kristen Waicosky and Nurse Goedert. Waicosky assessed the patient as being in moderate respiratory distress and prescribed one hour of continuous Albuterol nebulizers and other medications. Neither Waicosky nor Goedert took a history concerning Michael’s prior asthma episodes, thereby failing to learn he had been at Rush’s ER approximately 18 times for acute asthma attacks in the preceding five years and suffered respiratory arrest during two of these episodes requiring intubation. Plaintiff contended National Institute of Health guidelines for asthma treatment require taking history to include prior hospitalizations and intubations as such patients are at the highest risk for respiratory arrest. Waicosky and Goedert also failed to obtain a peak airflow reading, another NIH guideline requirement. Michael was placed in a room around midnight on a cardiac monitor but without one-on-one monitoring. At 12:25 a.m., Nurse Ogrentz replenished the Albuterol nebulizer but at 12:30 a.m. found Michael slumped over with no heart rate, respirations, or blood pressure. Defendants conceded the alarm should have been triggered, but no alarm strip was in the records and a 5.01 missing evidence instruction was given. Resuscitation restored a pulse and heartbeat, but Michael suffered severe hypoxic ischemic encephalopathy and profound anoxic brain damage. He remained in a coma for four years until he died. The estate asserted if Michael’s severe respiratory distress and high-risk status had been properly assessed, one-on-one monitoring would have been ordered and the respiratory arrest caught earlier, preventing any brain injury. The defense argued the cause of the arrest was cardiac in nature — most likely from an arrhythmia, a known potential complication of epinephrine.

2003 | Cook County | $2,500,000 Verdict

A 49-year-old Indiana resident dies of medical negligence due to improper post-operative care at a Chicago hospital.

2006 | Estate of Wayne L. v NMH | Cook County | $3,399,728 Settlement

Male 66, retired engineer, presented to the Holy Family Medical Center E/R complaining of neck pain after a minor fall. Patient had a long-standing inflammatory condition of the cervical spine (ankylosing spondylitis). After x-rays revealed a cervical fracture, he was transferred first to Lutheran General Hospital, then to the regional spinal cord injury center. However, after being examined at the center, the patient was told that there was no cervical fracture, and he was discharged on July 30. On August 4, the patient was seen by his rheumatologist due to neck pain. August 5 x-rays again showed a cervical fracture–but the patient was sent home by a neurosurgeon to await surgery to be done the next week. The patient died 3 days later from a spinal cord injury related to the cervical fracture (survived by his wife and three grown children).

2001 | Mattiuz v Bobolink | Cook County | $3,000,000 Settlement

2000 | Greenville County, South Carolina | $3,500,000 Verdict

A Greenville, South Carolina 40-year old anemic man died of colon cancer. A jury awarded $7 million dollars, which was reduced by 50%, for a net verdict of $3.5 million dollars. The Greenville, South Carolina jury determined that the doctor should have detected the colon cancer earlier.

2000 | Adams County | $2,600,000 Verdict

A 44-year-old Quincy man died after back surgery from blood clots in his lungs. The Adams County jury awarded a record $2.6 million dollars.

1999 | Lydia A. v Norwegian American Hospital | Cook County | $3,400,000 Verdict

Lydia (31), who had a history of diabetes, hypothyroidism and brain surgery for removal of pituitary tumor, was under the care of Dr. Matilde Rios, an internist. Rios diagnosed gallbladder disease and referred plaintiff to Norwegian American Hospital for surgery by Dr. Rao. On Aug. 21, 1998, the fourth day of hospitalization, general surgeon Rao performed a laparoscopic cholecystectomy to remove plaintiff’s gallbladder. Four days later, plaintiff’s bilirubin elevated, and Dr. Rao and Dr. Rios suspected a retained stone in the common bile duct. An ERCP could not be performed, and the 318-lb plaintiff could not fit into the hospital’s CAT scanner, so she was transferred to UIC Hospital. At UIC, Dr. Helton performed surgery and opined that Dr. Rao had removed plaintiff’s common bile duct, common hepatic duct, and the bifurcation of her left and right hepatic ducts. Plaintiff’s biliary tree was repaired, but she developed necrotizing fasciitis (flesh-eating bacteria), which resulted in the removal of most of her abdominal muscles and left her with a gaping abdominal hole covered only by scar tissue. Three subsequent plastic surgeries by Dr. Mimis Cohen failed to successfully close the wound, and Dr. Cohen will not perform any additional surgeries unless the plaintiff loses 40 to 50 pounds. The only theory against Norwegian American Hospital was apparent agency. Dr. Rios was originally a deft in this suit, but she was diagnosed with breast cancer and began chemotherapy two months before trial; when Rios moved to continue trial, plaintiff voluntarily dismissed her. Defense called surgical experts who contended that the patient had abnormal anatomy which caused the injury.

1998 | Vivian C. v Capezio, MD | Cook County | $5,250,000

Defendant ob/gyns Capezio and Turner allegedly failed to timely diagnose cervical cancer in patient complaining of vaginal bleeding during four visits and misdiagnosed bleeding as cervicitis. Defendant pathologist Dombrowski allegedly misread a pap smear as normal, thirty days before cancer was diagnosed. As a result, patient female 36 died from the cancer, leaving three sons under the age of seven ($588,431 medical bills). Plaintiff’s experts contended it was a deviation from the standard of care to fail to do a biopsy to rule out cervical cancer when the patient presented with abnormal vaginal bleeding. Also sued were two cytotechnologists and a cytology lab (Cytology Unlimited) who allegedly misread pap smears one year and three years prior to the cancer diagnosis. Defense for Capezio and Turner argued that they had a right to rely on patient’s history of negative pap smears, the fact she was in a low risk group for cervical cancer, and the fact that the diagnosis of cervicitis was much more likely to be the cause of her bleeding than cervical cancer, and consequently the standard of care did not require them to do a cervical biopsy. Dr. Dombrowski admitted negligence but asserted that the 30-day delay in diagnosis did not change the outcome.

2012 | Cook County | $7,500,000 Settlement

Mother entered Advocate Christ Hospital with her fetus at 37-weeks’ gestation, reporting a decrease in fetal movement. The baby scored poorly on a biophysical profile, but the attending obstetrician ordered an induction of labor with Pitocin. Over the next several hours, fetal monitor tracings were non-reassuring, but a C-section was not promptly done. As a result, the female newborn suffered hypoxic-ischemic encephalopathy with cerebral palsy. Now 9, she has the motor and language skills of a toddler.

2011 | Mateo R. v Dr. Jennifer Friedman | Cook County | $3,200,000 Verdict

Male newborn suffered a severe stretch injury to the right-side brachial plexus nerves at C5-C7 and T1 (which resulted in permanent strength and range of motion deficits in his right arm) during his vaginal delivery after shoulder dystocia was encountered. Among other things, the defendants allegedly failed to properly assess the mother’s risk of fetal macrosomia (the baby weighed 11 pounds 5 ounces at birth), did not recommend a C-section despite a protracted second stage of labor, and employed excessive lateral traction during the delivery.

2017| Barbara D. v Gore, MD and Northshore University HealthSystems | Cook County | $1,950,000 Settlement

Barbara (54) presented to the E/R experiencing shortness of breath. A CT revealed a large empyema in her right lung, she was admitted. Defendants placed an endotracheal tube but allegedly did not reposition it as it moved towards her vocal cords and she accidentally self-extubated. She suffered anoxic encephalopathy, slipped into a coma and died ($228,234 medical expense). Reportedly, Barbara had significant co-morbidities that reduces her life expectancy. She is survived by her 4 adult siblings.

2014 | Michael Z. v Advocate Health & Hospitals Corp. | Cook County | $10,000,000 Settlement

An arteriovenous malformation on the left side of Michael Z.’s brain ruptured- resulting in catastrophic neurological damage with paraplegia, difficulty speaking and vision impairment which necessitate 24-hour care. The malformation had been identified while male (33) was receiving treatment for a head injury from a non-employee neurosurgeon at Advocate Good Samaritan Hospital in Downers Grove. The neurosurgeon incorrectly concluded that the abnormality was benign, so no further treatment was recommended.

2012 | Estate of Michel v Holy Cross Hospital | Cook County | $8,000,000 Settlement

Allegedly, staff at the Holy Cross Hospital E/R did not properly care for male 43 asthmatic. Among other things, defendants incorrectly categorized the patient’s respiratory distress as “”moderate,”” failed to obtain a peak flow rating (measurement of his airflow obstruction) and did not institute one-on-one monitoring. As a result, he suffered respiratory arrest and hypoxic-ischemic encephalopathy which rendered him comatose for roughly 4 years prior to his death (survived by his wife and two children).

2012| Sharone L. v Nadelman | Cook County | $2,250,000 Settlement

Sharone (59) was allegedly administered a toxic dose of lidocaine which resulted in cardiac arrest, brain injury, and her death ($450,000 medical expense). Defendants disputed negligence and claimed Sharone’s injury and death were caused by her significant co-morbidities including end-stage renal disease, coronary artery disease, and morbid obesity.

2001 | Mattiuz v Bobolink | Cook County | $3,000,000 Settlement

2011 | Beverly v USA | Cook County | $9,000,000 Verdict

Wrongful death of a 40-year-old woman, married and mother of six children, and wrongful death of her unborn child. Beverly was a 40-year-old mother to 6 girls and was pregnant with her 7th child. During her 34th week prenatal visit, she was noted to be short of breath and was advised to go to the emergency room of Norwegian American Hospital. Ms. Beverly was admitted for pneumonia and known to have a history of asthma. Approximately 24 hours into her admission, she went into pulmonary-cardiac arrest and died. A crash c-section was performed and her baby born was stillborn.

2013 | Rebecca W. v West Suburban Medical Center | Cook County | $5,000,000 Settlement

Rebecca (47) was taken by ambulance from her work to the E/R. She had allegedly suffered a subarachnoid hemorrhage. Several hours later, she was found unresponsive in the E/R bathroom after suffering a second hemorrhage. She died two days later, survived by her husband and three daughters. Plaintiffs claimed that defendants should have provided treatment more promptly. Defendants contended that Rebecca suffered from a severe form of fibromuscular dysplasia that rendered her susceptible to vertebral dissection and hemorrhages, and that their response was appropriate.

2013 | Daybook v Gore, M.D. | Cook County | $1,950,000 Settlement

2012 | Estate of Michel v Holy Cross Hospital | Cook County | $8,000,000 Settlement

Allegedly, staff at the Holy Cross Hospital E/R did not properly care for male 43 asthmatic. Among other things, defendants incorrectly categorized the patient’s respiratory distress as “”moderate,”” failed to obtain a peak flow rating (measurement of his airflow obstruction) and did not institute one-on-one monitoring. As a result, he suffered respiratory arrest and hypoxic-ischemic encephalopathy which rendered him comatose for roughly 4 years prior to his death (survived by his wife and two children).

2007 | Michael B. v Holy Cross Hospital | Cook County | $7,000,000 Verdict

Michael B. was brought to Holy Cross Hospital’s emergency room suffering from a severe asthma attack. Paramedics administered two doses of Albuterol and a shot of epinephrine which resulted in only slight improvement of his severe respiratory distress. At the ER, Michael male 43 was seen by Dr. Kristen Waicosky and Nurse Goedert. Waicosky assessed the patient as being in moderate respiratory distress and prescribed one hour of continuous Albuterol nebulizers and other medications. Neither Waicosky nor Goedert took a history concerning Michael’s prior asthma episodes, thereby failing to learn he had been at Rush’s ER approximately 18 times for acute asthma attacks in the preceding five years and suffered respiratory arrest during two of these episodes requiring intubation. Plaintiff contended National Institute of Health guidelines for asthma treatment require taking history to include prior hospitalizations and intubations as such patients are at the highest risk for respiratory arrest. Waicosky and Goedert also failed to obtain a peak airflow reading, another NIH guideline requirement. Michael was placed in a room around midnight on a cardiac monitor but without one-on-one monitoring. At 12:25 a.m., Nurse Ogrentz replenished the Albuterol nebulizer but at 12:30 a.m. found Michael slumped over with no heart rate, respirations, or blood pressure. Defendants conceded the alarm should have been triggered, but no alarm strip was in the records and a 5.01 missing evidence instruction was given. Resuscitation restored a pulse and heartbeat, but Michael suffered severe hypoxic ischemic encephalopathy and profound anoxic brain damage. He remained in a coma for four years until he died. The estate asserted if Michael’s severe respiratory distress and high-risk status had been properly assessed, one-on-one monitoring would have been ordered and the respiratory arrest caught earlier, preventing any brain injury. The defense argued the cause of the arrest was cardiac in nature — most likely from an arrhythmia, a known potential complication of epinephrine.

2007 | Estate of Elra T. v St. James Hospital | Cook County | $9,300,000 Settlement

Female 47 was admitted to hospital with end stage renal failure due to years of uncontrolled hypertension and was diagnosed with TTP (thrombotic thrombocytopenic purpura). While placing catheter for plasma exchange, resident punctured subclavian vein causing internal bleeding which went undiagnosed. Plaintiff became hypovolemic and suffered a stroke resulting in brain damage and quadriplegia. Plaintiff now requires 24-hour care ($2,273,756 medical expense).

2015 | Cook County | $1,650,000 Verdict

A physician’s group failed to timely diagnose a 74-year-old woman’s renal cancer.

2015 | Sean S. v Rush University Medical Center | Cook County | $4,400,000 Settlement

Sean (26) presented to the E/R with severe abdominal pain. A CT scan revealed a grossly enlarged appendix. He was diagnosed with acute pancreatitis and discharged with instructions to follow up with his PCP. Defendants PCP reviewed the imaging but allegedly failed to order any further testing or refer Sean for a surgical consultation. Over the following eighteen months, Sean returned to defendants with varying related complaints. Defendants eventually diagnosed Sean with appendicular cancer. However, by that time, the cancer reached Stage IV and metastasized throughout his body. He succumbed to the disease at age 28. He is survived by his parents and one sister.

2014 | Ashanti N. v University of Chicago Medical Center | Cook County | $32,000,000 Settlement

Hospital staff failed to timely diagnose 8-year-old’s septic arthritis after she presented to the E/R — even though she fit the risk profile for the disease–and ran tests for 24 hours without administering the necessary antibiotics, which permitted the infection to spread throughout her body. As a result, gangrene developed which necessitated amputation of all four limbs (arms below the elbow, and legs below the knees); her internal organs were also damaged.

2014 | David Y. v Northshore University Healthsystem | Cook County | $5,511,566.00 Verdict

After David severely dislocated his left knee he saw deft orthopedic surgeon Patrick Birmingham. Dr. Birmingham changed his splint and scheduled surgery for August 16. When David male (44), an electrical engineer, presented to Skokie Hospital on August 16, Dr. Birmingham cleared him for surgery. However, David suffered a massive pulmonary embolism while being intubated for the procedure. Although he was resuscitated, he never regained consciousness and died two days later in the ICU (survived by his wife and two daughters). The fatal pulmonary embolism was caused by a blood clot that had traveled from his injured leg and through his heart before lodging in his lungs. The estate argued defendants negligently ignored David’s multiple risk factors for deep vein thrombosis (including his age, weight, prolonged immobility, and traumatic injury), failed on August 13 to appreciate signs and symptoms of deep vein thrombosis formation (swelling, pain, and warmth in the injured leg), only performed a cursory preoperative examination on the date of surgery, failed to order necessary tests, failed to diagnose the DVT, and failed to order a hematological consult for prophylactic anticoagulation therapy. The defense denied negligence and contended there were no symptoms to warrant further testing. The jury deliberated two hours.

2013 | Ronald I. v St. Francis Hospital | Cook County | $3,000,000 Settlement

Female 59 with a history of hypertension and tobacco use was brought by ambulance to the St. Francis Hospital (Blue Island) E/R with severe chest pain and sweating. During a workup for a possible myocardial infarction, the exam revealed that her chest pain showed signs of movement, and an echocardiogram identified moderate-to-severe aortic regurgitation and a widening aortic route–indications of an aortic dissection. Further, a CT-scan of her abdomen found an intramural hematoma, which is bleeding within the wall of the aorta when a dissection is about to occur. However, plaintiff’s aortic dissection was not diagnosed, and she died on April 6 (survived by her husband and 6 grown children). Her estate cites $73,728 medical expense and LT of $26,000 per year as a supply’s supervisor.

2011 | Beverly v USA | Northern District of IL, Federal Court | $9,000,000 Verdict

Wrongful death of a 40-year-old woman who was married, the mother of six children and pregnant. This also charged the wrongful death of her unborn child. Beverly was a 40-year-old mother to six girls and was pregnant with her seventh child. During her 34-week prenatal visit, she was noted to be short of breath and was advised to go to the emergency room of Norwegian American Hospital. Shewas admitted for pneumonia and she was known to have a history of asthma. Approximately 24 hours into her admission, she went into pulmonary-cardiac arrest and died. A crash c-section was performed but her baby was stillborn.

2011 | Bradley S. v Evanston Northwestern Healthcare | Cook County | $12,000,000 Settlement

Male 37 attorney was brought to the Glenbrook Hospital (Evanston) E/R with a severe headache, chills, and dizziness. Allegedly, hospital staff failed to timely diagnose his meningococcemia and delayed the start of antibiotics by more than 6 hours, leading to development of septic shock and DIC–which necessitated partial amputations of both legs and an arm, and resulted in blindness in one eye. He cites $1.2 million past medical expense plus $4 million LT (although he has returned to work). Settlement also resolved spouse’s consortium claim.

2011 | Charles and Elizabeth S. v University of Chicago Medical Center | Cook County | $300,000 Settlement

Failure to detect patient’s colon cancer during her colonoscopy resulted in a 10-month delay in diagnosis. Female 57 is now 3+ years out from diagnosis without a cancer recurrence.

2011 | Concepcion C. v Brothers Medical Center | Cook County | $375,000 Settlement

Lawsuit asserts that defendants’ failure to timely report plaintiff’s abnormal mammogram resulted in a 14-month delay in the diagnosis of her breast cancer. Defense had argued that the patient’s treatment was not impacted. Reportedly, female 62 has not had a cancer recurrence in the four years since diagnosis.

2008 | Cook County | $1,500,000 Settlement

Defendant failed to perform diagnostic tests and procedures despite multiple abnormal Pap smears and failed to diagnose and treat plaintiff’s pre-cancerous lesions allowing plaintiff’s cervical disease to develop into cervical cancer and become invasive, spreading to the lymphatic system. Plaintiff underwent radical hysterectomy, radiation therapy and chemotherapy at age 33 ($246,090 medical, $80,698 LT as customer service representative). Plaintiff had one daughter before diagnosis and remains cancer-free two years post-diagnosis.

2006 | Estate of Wayne L. v NMH | Cook County | $3,399,728 Settlement

Male 66, retired engineer, presented to the Holy Family Medical Center E/R complaining of neck pain after a minor fall. Patient had a long-standing inflammatory condition of the cervical spine (ankylosing spondylitis). After x-rays revealed a cervical fracture, he was transferred first to Lutheran General Hospital, then to the regional spinal cord injury center. However, after being examined at the center, the patient was told that there was no cervical fracture, and he was discharged on July 30. On August 4, the patient was seen by his rheumatologist due to neck pain. August 5 x-rays again showed a cervical fracture–but the patient was sent home by a neurosurgeon to await surgery to be done the next week. The patient died 3 days later from a spinal cord injury related to the cervical fracture (survived by his wife and three grown children).

2000 | Greenville County, South Carolina | $3,500,000 Verdict

A Greenville, South Carolina 40-year old anemic man died of colon cancer. A jury awarded $7 million dollars, which was reduced by 50%, for a net verdict of $3.5 million dollars. The Greenville, South Carolina jury determined that the doctor should have detected the colon cancer earlier.

2000 | Griffin v Midwest Physicians Group | Cook County | $1,690,000 Verdict

1998 | Vivian C. v Capezio, MD | Cook County | $5,250,000

Defendant ob/gyns Capezio and Turner allegedly failed to timely diagnose cervical cancer in patient complaining of vaginal bleeding during four visits and misdiagnosed bleeding as cervicitis. Defendant pathologist Dombrowski allegedly misread a pap smear as normal, thirty days before cancer was diagnosed. As a result, patient female 36 died from the cancer, leaving three sons under the age of seven ($588,431 medical bills). Plaintiff’s experts contended it was a deviation from the standard of care to fail to do a biopsy to rule out cervical cancer when the patient presented with abnormal vaginal bleeding. Also sued were two cytotechnologists and a cytology lab (Cytology Unlimited) who allegedly misread pap smears one year and three years prior to the cancer diagnosis. Defense for Capezio and Turner argued that they had a right to rely on patient’s history of negative pap smears, the fact she was in a low risk group for cervical cancer, and the fact that the diagnosis of cervicitis was much more likely to be the cause of her bleeding than cervical cancer, and consequently the standard of care did not require them to do a cervical biopsy. Dr. Dombrowski admitted negligence but asserted that the 30-day delay in diagnosis did not change the outcome.

2017 | Daniel L and April L. v David Nadelman, Assicociates in Pediactrics, S.C., Shannon Holt Naumann, CEP America-Illinios, P.C. and Sherman Hospital. | Cook County | $2,000,000 Settlement

Male 10 months old died from sepsis after contracting bacterial colitis, which went undiagnosed. His parents brought him to the E/R and the physician there contacted defendant Dr. David Nadelman, the on-call pediatrician who admitted the child to the general floor. Allegedly, hospital staff alerted Dr. Nadelman of the child’s worsening condition several times but Dr. Nadelman never visited him.

2014 | Ashanti N. | University of Chicago Medical Center | Cook County | $32,000,000 Settlement

Hospital staff failed to timely diagnose 8-year-old’s septic arthritis after she presented to the E/R — even though she fit the risk profile for the disease–and ran tests for 24 hours without administering the necessary antibiotics, which permitted the infection to spread throughout her body. As a result, gangrene developed which necessitated amputation of all four limbs (arms below the elbow, and legs below the knees); her internal organs were also damaged.

2014 | Robinson v Redhead, MD | Cook County | $4,000,000 Settlement

2014 | Michael Z. v Advocate Health & Hospitals Corp. | Cook County | $10,000,000 Settlement

On March 21, 2006, an arteriovenous malformation on the left side of Michael Z.’s brain ruptured- resulting in catastrophic neurological damage with paraplegia, difficulty speaking and vision impairment which necessitate 24-hour care. In September 2005, the malformation had been identified while male (33) was receiving treatment for a head injury from a non-employee neurosurgeon at Advocate Good Samaritan Hospital in Downers Grove. The neurosurgeon incorrectly concluded that the abnormality was benign, so no further treatment was recommended.An arteriovenous malformation on the left side of Michael Z.’s brain ruptured- resulting in catastrophic neurological damage with paraplegia, difficulty speaking and vision impairment which necessitate 24-hour care. The malformation had been identified while male (33) was receiving treatment for a head injury from a non-employee neurosurgeon at Advocate Good Samaritan Hospital in Downers Grove. The neurosurgeon incorrectly concluded that the abnormality was benign, so no further treatment was recommended.

2012 | David J. v Northshore University Faculty Practice Associates | Cook County | $5,551,566 Settlement

David 52 suffered a fatal DVT (survived by wife and two daughters ages 12 and 14; $1,400,000 LT as an engineer). Allegedly his orthopedic surgeon failed to recognize several significant risk factors and active symptoms of DVT.

2012 | Sean S. v Rush University Medical Center | Cook County | $4,400,000 Settlement

Sean (26) presented to the E/R with severe abdominal pain. A CT scan revealed a grossly enlarged appendix. He was diagnosed with acute pancreatitis and discharged with instructions to follow up with his PCP. Defendants PCP reviewed the imaging but allegedly failed to order any further testing or refer Sean for a surgical consultation. Over the following eighteen months, Sean returned to defendants with varying related complaints. Defendants eventually diagnosed Sean with appendicular cancer. However, by that time, the cancer reached Stage IV and metastasized throughout his body. He succumbed to the disease at age 28. He is survived by his parents and one sister.

2011 | Cook County | $6,750,000 Settlement

Plaintiff female 63 was admitted to Provena St. Joseph Hospital with complaints of headaches and difficulty speaking. The following day, she was seen by defendant neurologist Dr. Syed Munzir who diagnosed her with a stroke and ordered an MRI. Defendant radiologist Dr. Patrick Para read the MRI as indicating ischemia or stroke. After 5 days, plaintiff was released to her family. After 2 days at home, she had difficulty breathing and was taken back to the hospital by ambulance. At that time, she was correctly diagnosed with herpes simplex encephalitis. The delay in diagnosis led to a brain infection and permanent brain damage.

2011 | Zegarski v Jackson | Cook County | $10,000,000 Settlement

2007 | Estate of Elra T. v St. James Hospital | Cook County | $9,300,000 Settlement

Female 47 was admitted to hospital with end stage renal failure due to years of uncontrolled hypertension and was diagnosed with TTP (thrombotic thrombocytopenic purpura). While placing catheter for plasma exchange, resident punctured subclavian vein causing internal bleeding which went undiagnosed. Plaintiff became hypovolemic and suffered a stroke resulting in brain damage and quadriplegia. Plaintiff now requires 24-hour care ($2,273,756 medical expense).

2003 | Cook County | $2,500,000 Verdict

A 49-year old Indiana resident dies of medical negligence due to improper post-operative care at a Chicago hospital.

2007 | Iannoni v Bane, M.D. | Cook County | $3,000,000 Verdict

A Country Club Hills woman died after doctors at St. James-Olympia Fields Hospital sent her home without the diagnosis or treatment of a pulmonary embolism.

2000 | Adams County | $2,600,000 Verdict

A 44-year old Quincy man died after back surgery from blood clots in his lungs. The Adams County jury awarded a record $2.6 million dollars.

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Kaveny + Kroll is a leading boutique personal injury law firm in Chicago. Established in 2019 by award-winning attorneys Elizabeth A. Kaveny and Jeffrey J. Kroll. Their firm is driven by their commitment to justice and the need to fight for victim’s rights and financial recovery. We believe a valued law firm should take your case personally … because it is.

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