Verdicts and Settlements

Chicago personal injury & wrongful death lawyers

At Phillips Law Offices, we would like to share some of our recent successful medical malpractice cases. These are just a few examples of the difference we have made in our clients’ lives by dedicating the experience and talents of our attorneys and support team to helping our clients.

  • ___ v. FSC Paper Company.   This case involved a middle-aged man who opened up the back of the semi-trailer to measure the opening to determine what type of forklifts could go in and out of it safely. Unbeknownst to him, the people who had loaded the trailer failed to properly secure a 2,500-pound bale of paper which fell on our client as he opened the door. Our client sustained a significant injury, fracturing his hip which we proved substantially shortened his work life.  Recovery of $4.032 million.
  • ___ v. PricewaterhouseCoopers.   The defendant, PricewaterhouseCoopers (PWC), was retained as the public auditor of an up-and-coming communications company with an advanced cell phone product. PWC misapplied an accounting principle when they reviewed certain debt instruments issued to our clients.  This caused investors to lose their investment. After four prior attorneys were unable to recover any money on behalf of the investors, Stephen D. Phillips was asked by one of the investors to take over the case just prior to the trial date. On an expedited basis, Stephen Phillips and Terrence M. Quinn uncovered critical evidence to prove the allegations of accounting malpractice. Also vital to success in the case was navigating complex issues concerning taxation, corporate structure, and shareholder relations. When Phillips Law Offices took over this case, the attorneys for PWC stated that they would never pay a dime to settle this case. We convinced them to pay $10 million worth of dimes.  Recovery of $10 million.
  • ___ v. Rush Trucking and Gary Turner, et al.   This case involved a 27-year-old Hispanic father of two whose minivan was struck in the rear while he was on his way to work. When we received this case there was no apparent reason why the truck driver struck the rear of our client’s vehicle. Based on our extensive experience in trucking accident cases, Stephen Phillips sent out a long list of requests for the defendants to produce business records of all types, including cell phone records, gas receipts, and toll receipts. The receipts proved that the log books for the interstate defendant truck driver were falsified and that he was, in fact, driving much longer than the federal trucking regulations allowed. We were able to show that he was most likely excessively fatigued when he tragically killed our client. This case was settled shortly after the filing of the complaint. Recovery of $4 million.
  •  ___ v. Pace Bus Company.  This case involved a 52-year-old Korean woman who was walking across a traffic area of a bus terminal when she was struck and run over by a Pace suburban bus. As a result, her leg was amputated below the knee and she needed a prosthesis. We hired a videographer to stake out the bus terminal to refute the defendant’s argument that our client was in a place that was unintended for pedestrian traffic when she was injured. Through the use of the all-day surveillance, we were able to show that many bus company passengers use the same traffic area as a transfer point to get to other buses. Further, that was done with the express knowledge of bus company employees who allowed passengers to walk in that area.  Recovery of $3.45 million.

Brachial Plexus Injury In Newborn – Aggressive Delivery By Physician: THREE MILLION FIFTY TWO THOUSAND TWO HUNDRED EIGHTY THREE DOLLARS ($3,052,283.00) Jury Verdict

Stephen D. Phillips and Terrence M. Quinn
Our client gave birth to a 9 pound 7 ounce baby. Shortly after delivery, the baby was noted to have a fractured clavicle as well as a limp right arm. We alleged that the doctor used excessive force to deliver the baby. The defense made no offer to settle this case as they contended that the natural forces of labor caused the injury and that the doctor used the appropriate amount of force. We were very pleased that the jury concluded that the doctor caused the brachial plexus injury to our clients’ daughter during birth. The verdict will help pay for her future medical care, surgeries, and therapy which she will require throughout her life.

SEVEN MILLION DOLLAR ($7,000,000.00) Verdict For Brain Injured Woman No Offer To Settle By These Defendants

On February 27, 2007, a $7,000,000.00 verdict was obtained by Stephen D. Phillips on behalf of a 39 year old woman as a result of negligent medical care she received while in the intensive care unit of a hospital. In July 2000, our client developed symptoms of an abdominal infection. She was placed in the intensive care unit of a local hospital, under the care of intensive care physicians. We alledged that the physicians did not properly monitor and treat her serious condition. Due to the failure to properly evaluate her respiratory status and place her on mechanical ventilation, she developed lack of oxygen which led to severe brain damage. As a result, our client presently requires 24 hour a day care.

“The facts of this case clearly show that the physicians were not monitoring her appropriately and did not come to her bedside when she needed immediate care. We a are pleased that the jury reached this result,” said Stephen D. Phillips. This verdict will allow our client the 24 hour a day care that she desperately needs and allow her family members to hire health care professionals to supply that care.

The trial in this case lasted five weeks. Mr. Phillips tried this case with the assistance of Terrence Quinn also with the firm of Phillips Law Offices in Chicago.

DuPage County Wrongful Death Settlement Of $1,135,000.00 Reached for 73 Year Old Dental Patient Who Died While Receiving Intravenous Sedation From An Oral Surgeon.

PRESS RELEASE: FOR IMMEDIATE RELEASE

Robert Pauly went to the defendant, an oral surgeon, James Morrone, DDS, to have a tooth pulled. He agreed to have intravenous sedation to relax him for the procedure. After Dr. Morrone administered the I.V., Mr. Pauly had difficulty breathing and then stopped breathing. The paramedics were called and were unable to resuscitate Mr. Pauly. He died in the dental chair while his wife innocently waited in the waiting area.

This is not the first patient to die under Dr. Morrone’s care while being given sedation for an oral surgery procedure.

The defendant, James Morrone, DDS, had his license suspended in Illinois three times and had a restricted license in Wisconsin, prior to this occurrence. After having his license reinstated, he returned to practicing oral surgery and giving intravenous sedation. One of those license suspensions involved the death of a patient.

Dr. Morrone’s license is still active and the Department of Financial and Professional Regulation has taken no action against his license after yet another death.

Mr. Pauly left surviving him a wife, Eleanor Pauly, and four adult children. He was 73 years old at the time of his death. He was retired. The sole damage claim was for loss of society to his spouse and four adult children.

His family brought this lawsuit alleging that Dr. Morrone did not fully inquire into Mr. Pauly’s medical history, or take into account his age, before performing the I.V. sedation. Further, the lawsuit alleged that Mr. Pauly had complaints of swelling in his mouth, but Dr. Morrone did not fully assess the swelling in Mr. Pauly’s airway before initiating the anesthetic. Once Dr. Morrone initiated the I.V. sedation and began administering the anesthetic, the lawsuit alleged he did not properly monitor Mr. Pauly’s vital signs and oxygenation levels. Lastly, the lawsuit alleged that Dr. Morrone did not use proper resuscitation drugs and in fact used the incorrect resuscitative drug.

As a result of the lawsuit, the case against Dr. Morrone, Midwest Oral and Maxillofacial Surgery Associates, Ltd., and Glen Ellyn Family Dental has settled for $1,135,000.00 — $900,000 paid by Dr. Morrone, Midwest Oral and Maxillofacial Surgery Associates, Ltd. and $235,000 paid by Glen Ellyn Family Dental. Glen Ellyn Family Dental was the office where Dr. Morrone was performing oral surgery at the time of this occurrence.

Mrs. Pauly encourages all patients to check out the licenses of their dentists and oral surgeons with the Illinois Department of Financial and Professional Responsibility.

This case was pending in the Circuit Court of DuPage County, case number 2006 L 512 before Judge Hollis Webster. The case was mediated before the Honorable Sheldon Brenner, but settled after the mediation. The settlement was reached and approved by the court on June 18, 2007.

The Plaintiff was represented by Phillips Law Offices, 161 N. Clark Street, Suite 4925, Chicago, IL 60601. Phone: (312) 470-6765

FOR FURTHER INFORMATION, PLEASE CONTACT:

Phillips Law Offices, 161 N. Clark Street, Suite 4925
Chicago, IL 60601. Phone: (312) 470-6765; Fax (312) 346-0003.

Stress Test Causes Heart Attack And Death: TWO MILLION, FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00)

Stephen D. Phillips
Our client, who was 18 years old, had chest pain and went to the emergency room. She had pain in her arm and told the doctors that she had prior incidents of chest pain. The physicians ordered an exercise stress test. During the test, while she was running on the treadmill, she collapsed suffering a lethal heart attack. We argued that the stress test should not have been performed because of her history of chest pain, pain into her arm, and the results of blood tests. The family was grateful for our efforts in obtaining compensation for the tragic loss of their teenage daughter.

Unsafe Product Results In Wrongful Death Of 62- Year Old Woman: TWO MILLION, TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($2,250,000.00)

Terrence M. Quinn
Following a heart attack, our client underwent a medical procedure to re-establish blood flow through a blocked heart artery. The physicians performing this procedure used a small device to re-open the artery. The device either broke or came apart during the procedure causing uncontrolled bleeding, which led to bilateral leg amputations before her death a few weeks later. One question motivated our efforts to obtain justice for the family: Why would the manufacturer run the risk of unintentional detachment associated with virtually any two-piece device? In answer to this question, we learned that this was another tragic example of a corporation’s placing “profits over people.” Despite industry standards requiring a one piece design, the manufacturer continued to produce the more dangerous, two-piece design because a small minority of physicians preferred that design, and thus they could sell a few more products.

Unsafe Food Machine, Without Warnings, Kills Factory Worker: ONE MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS ($1,350,000.00)

Stephen D. Phillips, and Terrence M. Quinn
A 32 year old unmarried maintenance worker was killed while performing maintenance on a food refrigeration machine which contained anhydrous ammonia. During routine maintenance, he opened part of the machine that sprayed ammonia in his face and lungs. Once inhaled, the ammonia burned his lungs and ultimately caused his death. We claimed the machine lacked proper warnings and that the operator’s manual was unclear in its instructions on how to maintain the machine. The defense argued that our client did not follow the instructions in the manual, that his employer did not train him, and that warnings would not have made a difference. This case settled one week into trial. It provides us great satisfaction to obtain compensation for the family of a hard working maintenance man, who despite taking the time to read the manual, was subjected to working on an unsafe product.

Iron Worker Forced To Work In Small, Confined, Unsafe Space On Construction Site: SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000)

Stephen D. Phillips Our client a journeyman ironworker, was working on a construction project that involved putting additional floors on top of an existing building. As part of that task, the iron workers were assigned to weld 600 pound large metal plates onto vertical columns to support the additional weight being added to the top floors. The area in which our client was forced to work was too small to allow scaffolding or proper access to the columns for the iron workers to safely perform their work. The general contractor refused to correct the conditions or increase the size of the work area, because it would cost them too much money. Unfortunately for our client, as an iron worker, if he objects to doing something on a job site, his days of iron working are numbered. Iron workers are expected to “get things done.” Our client injured his shoulder which required two surgeries and thirteen months of physical therapy.

Automobile Collision Leads To Botched Back Surgery – Case Settled The Day of Closing Arguments: FIVE HUNDRED FIFTY THOUSAND DOLLARS ($550,000)

Stephen D. Phillips
The Plaintiff, a 32 year old man, was struck broad side in an automobile collision. Our client then underwent surgery on his back, which we contended was performed below the herniated disc that was causing his pain and symptoms. This case settled after three weeks of trial, before closing arguments were scheduled to begin.

PHILLIPS LAW OFFICES INVESTIGATING FOOD-POISONING CASES

Phillips Law Offices is investigating claims on behalf of persons who became ill with Salmonella infections days after eating at the Pars Cove booth at the “Taste of Chicago” festival in downtown Chicago. As of July 23, the City of Chicago Public Health Department had identified 736 people who reported becoming ill after eating food purchased from the Pars Cove Taste of Chicago booth. The Department reported that 124 Salmonella infections had been confirmed through laboratory testing, with 98 of those being identified as Salmonella Heidelberg, the outbreak strain. 32 people were known to have been hospitalized.

Phillips Law Offices is also investigating claims on behalf of persons who became ill with Norovirus Infection in early Spring, 2007, just days after eating at Gino’s East Restaurant in downtown Chicago. Noroviruses are a group of viruses that cause acute gastroenteritis in humans. Most food-borne outbreaks of norovirus illness are thought to arise though direct contamination of food by a food handler immediately before its consumption. Persons with norovirus infection usually experience vomiting, watery non-bloody diarrhea with abdominal cramps, and nausea.

Serving personal injury victims and their families in Illinois for over 65 years

The Chicago-based attorneys of Phillips Law Offices offer the highest quality legal services to the injured and their families throughout Illinois. Call (312) 346-4262, or contact Phillips Law Offices online today for a free consultation with an attorney about your case.