Representative Cases

$4.6 Million -- Wrongful Burial of Deceased Record Verdict (2010)

A Cook County jury returned a verdict in favor of a young woman after a hospital allowed her recently deceased baby to be buried without her permission in a mass grave. Plaintiff gave birth to a baby girl that tragically died from medical complications approximately a month after birth. The hospital where the birth occurred failed to follow their own policies and procedures in obtaining authorization to release the baby girl's body for burial. Her mother requested the hospital perform an autopsy and allow her to bury her child in her family plot. Unbeknownst to the mother and against her wishes, the hospital released the baby to the Medical Examiner's Office and the baby was placed in a box with other hospital remains and buried in an unmarked mass grave. Partners Karen A. Enright and Paul L. Salzetta tried the case and obtained the largest verdict to date in Illinois for a case of this type.

$Confidential -- Compartment Syndrome from IV Infiltration (2010)

Settlement on behalf of the family of a 3 year old boy who suffered compartment syndrome following placement of an IV by hospital staff. The young boy was admitted to the hospital for treatment of meningitis and received an IV which infiltrated, progressed with extravasation and developed eventually into a compartment syndrome. Plaintiff was represented by Karen A. Enright.

$2.5 Million -- Failure to Diagnose Cancer (2010)

Partner Daniel E. O'Brien obtained a settlement on behalf of a 59 year old man who went to a hospital's emergency room with signs and symptoms of liver cancer, but was not diagnosed by the doctors. In 2004, the Plaintiff presented to the ER with chest pains. During his visit, an abnormality on his liver was noted, but he was never told of it. He was treated for the chest pains and released from the hospital. The Plaintiff was not advised that he had liver cancer until 2007 and as a result his radiation treatment was severely delayed.

$1,137,500.00 -- Hand Injury at Manufacturing Plant (2010)

A 22 year old man suffered injuries to his right hand from a sheet metal sheering machine at the defendant's manufacturing plant. Plaintiff was visiting the sheet metal plant to find out if he had received a job at the plant. The manufacturing plant claimed that the young man was its employee and was therefore limited to recovery only through a workmen's compensation claim. Partner Paul L. Salzetta defeated that argument in achieving settlement on behalf of the Plaintiff. As a result of a lack of proper finger guarding on the machine press and improper use and supervision, an employee of the manufacturing plant operated the press while Plaintiff's hands were in the cutting area. Plaintiff lost all of his fingers on his right hand except his thumb. Plaintiff settled with the manufacturing plant and a company that specializes in reselling used industrial machines for tampering with the finger guards on the machine.

$425,000.00 -- Hospital Fails to Provide Translator to Spanish Speaking Patient (2010)

Settlement on behalf of the family of a 50 year old Spanish speaking immigrant of Mexico who died while at a hospital that failed to utilize a translator to understand her complaints and medical history. The patient presented to the hospital with abdominal pain and a history of recent medical treatment for chest pains. While in the hospital, a CT scan was ordered "STAT," but not performed for several hours. The Spanish speaking woman died while in the hospital. Partner John F. Winters, Jr. spoke on behalf of the woman and her family and achieved a settlement on their behalf with the hospital and doctor despite the fact that the cause of death was not definitive.

$2,387,050.00 -- Failure to Remove Products of Conception (2009)

John F. Winters, Jr. and Daniel E. O'Brien obtained a jury verdict in excess of the doctor's insurance policy limits on behalf of a woman who has been rendered unable to bare children following doctors' failures to properly remove the products of conception following a miscarriage. The expectant mother tragically suffered a miscarriage and required medical assistance to remove the products of conception. The defendant doctors failed to remove all material from the Plaintiff's womb following the miscarriage. The products of conception left in the womb by the defendants caused Plaintiff to be physically unable to become pregnant again. The defendant doctors made no offer to settle the case as they had declared the case completely "defensible."

$925,000.00 -- Construction Site Fall From Height (2009)

Settlement was achieved just prior to the presentation of opening statements on behalf of the estate of a 63 year old brick mason who fell from a residential construction site. The bricklayer fell from an unprotected ledge at the home where he was working. No safety railing was installed at the location. Plaintiff achieved settlements with an uninsured general contractor and a sub-contractor that claimed to be the brick mason's employer. John F. Winters, Jr., Daniel E. O'Brien and Bart J. Galvin represented the family.

$525,000.00 -- Automobile Collision (2009)

An elderly woman suffered two broken ankles and various other injuries as a result of a teenage driver attempting to make a left hand turn in front of her. The injured Plaintiff was represented by Daniel E. O'Brien.

$350,000.00 -- Motorcycle Rider Hit By Taxi (2009)

A 29 year old motorcyclist received a settlement in the full amount of the defendant's insurance policy after being struck by a taxi cab. He suffered numerous injuries including broken bones and burns requiring skin grafting. Less than four months following the collisions, John F. Winters, Jr. and Bart J. Galvin had already achieved a settlement on behalf of the cyclist for the maxim amount of the defendant's insurance policy.

$125,000.00 -- Nursing Home Neglect (2009)

Settlement on behalf of the family of an elderly gentleman that suffered injuries to his eye as a result of falling at a nursing home in Cook County where he was a resident. Prior to the fall, a nurse for the defendant nursing home left the 81 year old man unattended in the bathroom after he requested privacy to use the facilities. While seated on the toilet, he slumped forward and struck his eye on his wheelchair. As a result, Plaintiff suffered a ruptured globe in his left eye and loss of vision for the remaining 6 months of his life. The family was represented by attorney Bart J. Galvin.

$1.875 Million -- Low Impact Automobile Crash (2008)

Settlement on behalf of a family following an automobile collision where a light impact between two cars resulted in severe physical injuries to a mother and daughter. The mother suffered injuries to her kidney and pancreas, which she had received as transplants shortly before the accident. Her 11 year old daughter suffered neurologic and cognitive damage from the accident. John F. Winters, Jr. represented the mother and daughter.

$757,867.00 - Kane County Motorcycle Crash Verdict (2008)

Paul L. Salzetta recently achieved a verdict of $757, 867.00 (reduced to $568,400.25 for 25% contributory negligence) before a Kane County jury on behalf of the Estate of a 31 year old man who died when his motorcycle collided with two stationary vehicles. On July 28, 2003 the decedent was westbound on 119th Street near Route 30, an unposted 55 mph rural road, when he crested a small hill on his motorcycle. His son, age 9, was a passenger on the motorcycle. Two vehicles were stopped adjacent to each other approximately 200 feet west of the crest. The defendant was blocking the single eastbound lane, and another individual was blocking the single westbound lane, while the two drivers were engaged in a brief conversation. The decedent slammed on the brakes of the motorcycle and downed it but was unable to stop in time. The motorcycle crashed into the stopped vehicles and the 31 year old husband and father of two young boys was killed instantly.

A Will County Sheriff's Deputy performed an accident reconstruction and opined that the two motor vehicles were stopped at the time of the collision and that the motorcycle was traveling between 52-64 mph before braking. The defense contended that the decedent was exceeding the speed limit and had sufficient distance to brake and stop prior to the collision had the motorcycle been within the speed limit. The defense also contended that he did not obstruct the decedent's westbound travel lane and that the westbound driver with whom he was conversing was solely responsible for obstructing the westbound lane.

Partner Paul L. Salzetta brought this case to trial in Kane County on June 2, 2008 through June 5, 2008. The westbound driver settled for the policy limits of $250,000.00. After a setoff in the amount of $250,000.00, the remaining verdict amount exceeds the insurer's $100,000.00 policy limits, which were demanded before trial. Plaintiff expects to recover the remaining amount through a bad faith claim. Defendant westbound driver made no offer to settle prior to trial.

$Confidential -- Fertility Clinic Loses Embryos (2007)

A married couple received a settlement after the fertility clinic that they engaged for reproductive services lost embryos which were to be implanted in the wife. A relative of the couple donated her eggs for the purpose of assisting the couple in their attempts to reproduce. The defendant fertility clinic harvested eighteen eggs from the donor to undergo intracytoplasmic sperm injection, embryo culture and embryo transfer to the wife for gestation. The intracytoplasmic sperm injection process was performed by the defendants resulting in sixteen viable embryos. Pursuant to their agreement with the couple, the defendants were to cryogenically store said embryos for future implantation. On the day prior to the transfer of the embryos to Plaintiff, the defendants informed the couple that the whereabouts of the embryos was unknown. As a result, the Plaintiffs lost the opportunity to have children via a known donor.

$3.32 Million -- Construction Site Fall from Height

$900,000.00 -- Verdict for Death at VA Hospital

Verdict in the United Stated District Court for the family of a military veteran who was refused treatment by a VA Hospital after the veteran informed the hospital that he suffered from suicidal thoughts. The veteran was a patient at the VA Hospital receiving treatment for substance abuse, major depression and psychoses with thoughts of suicide. The treatment began after the veteran was honorably discharged from his service in the United States military; including active combat service. The hospital discharged the veteran with a supply of pills despite his insistence that he remained suicidal. The veteran tragically committed suicide in the lobby of the VA Hospital by consuming the pills provided to him by the hospital. This case was tried on behalf of the family in federal court by John F. Winters, Jr. and Bart J. Galvin.

$2,437,500.00 - Failure to Diagnose and Treat a Post Roux-en-Y Gastric Bypass Leak (2007)

Settlement in a Roux-en-Y gastric bypass surgery case on behalf of the estate of a 42 year old mother of one who died as a result of the failure of the attending surgeon and post-operative care residents to timely diagnose and treat a leak in the remnant stomach pouch. An Upper G.I. was negative, but it ruled out a leak in only 85-90% of the gastric area of concern. The plaintiff continued to exhibit signs and symptoms of a leak during the day including tachycardia, persistent abdominal and back pain, decreased urine output, vomiting and 145 ccs of bilious drainage from the abdominal drain per a surgical resident's 7:00 p.m. chart note.

As a result of defendants' failure to identify the presence of a leak in the remnant stomach pouch within a reasonable time, the plaintiff was overcome by peritoneal infection and sepsis, and ultimately died in the hospital on August 6, 2001. The plaintiff is survived by a 25 year old son with a borderline mental disability.

Partners Karen McNulty Enright and Paul Salzetta brought this case to trial on October 19, 2007. The defendant hospital settled for $2.25 million immediately prior to trial and the defendant surgeon settled mid-trial.

$1,251,136.95 - Failure to Diagnose Spinal Infection (2007)

Partner Paul Salzetta obtained a verdict in a medical malpractice case in favor of the estate of a 61 year old man who died as a result of an untimely diagnosed or treated spinal abscess.  The jury found that the patient's two treating physicians, an Internist and an Orthopedic, failed to suspect that the patient had a spinal infection, including osteomyelitis, which had formed when Group G strep bacteria seeded from a diabetic foot ulcer to the spine.  The doctors failed to order simple diagnostic tests and/or refer the patient to a specialist even though the patient presented with signs and symptoms that called for further investigation.  The patient survived for 80 days in hospital care after suffering paralysis which severely debilitated him.  He eventually died from a hospital-acquired infection.

$35,835,684.00 - Severe Brain Injury (2006)
*The National Law Journal Top 100 Verdicts of 2006*

Jury verdict (reduced to $26,875,000.00 for 25% contributory negligence) in favor of a 51 year old mother of two who sustained severe brain stem injury causing quadriplegia and cranial nerve injuries when she was broadsided by a Cook County Sheriff’s Police officer traveling through a red light at approximately 70 miles per hour while en route to a low-priority ‘unwanted subject’ call as an un-requested backup unit.   The plaintiff was required to prove, and the jury found, that the officer’s conduct was willful and wanton.  Defendants claimed that the officer was on an emergency call and was justified in her actions going through the intersection.  Plaintiff’s attorney Paul Salzetta was able to exclude evidence of alcohol due to unreliable testing and a showing that the client was not impaired and that alcohol played no part in the collision.  This is one of the largest jury verdicts ever obtained against Cook County or any municipality in the state of Illinois .  In September 2006 defendants' post-trial motion was denied.  In February 2007 this verdict was named #50 in the National Law Journal and VerdictSearch Top 100 Verdicts of 2006. Click here to read more.

$1,000,000.00 - Wrongful Death (2006)

Settlement in a wrongful death case on behalf of the estate of a nine year old boy who drowned when he lost his footing and slid down an embankment into a pit of muddy, murky water.  As a result of the alleged negligence of one or more defendants in failing to adequately secure, supervise and maintain the construction site, the decedent was able to gain access to the dangerous construction site in which this muddy pit was located.  In this case, the estate was comprised of the decedent's minor brother and sisters that the decedent did not live with at the time of his death.

$297,500.00 - Brain Injury (2006)

Settlement in a brain injury case on behalf of a 45 year old woman who sustained a brain injury requiring cognitive therapy when she tripped on loose sections of tile on a ball court in the Holidome owned and maintained by the Holiday Inn in Rolling Meadows, Illinois.  As a result of the alleged negligence of the defendant in properly maintaining the ball court in a safe condition, our client violently struck her head on the floor, which caused a mild brain injury.  Although all diagnostic tests were negative, a neuropsychological evaluation disclosed a brain injury (chronic post-concussion syndrome) that caused irritability, intermittent short-term memory loss, headaches and confusion.

$2,750,000.00 - Pre-Natal Death (2005)

Settlement in a personal injury case on behalf of a 29 year old woman whose child was stillborn when a nurse failed to appropriately read the fetal monitor and summon a doctor’s assistance when the monitor indicated that the baby was in distress.  As a result of the nurse’s negligence, the baby died in the mother’s abdomen before being delivered.  This is one of the largest settlements for this type of injury (pre-natal death) recorded in Cook County . 

$Confidential - Interference with the Next of Kin's Right to the Body of a Deceased (2005)

A separate, confidential settlement was also reached in the pre-natal death case described above with the funeral home on plaintiff's claim of interference with the next of kin's right to the body of a deceased, stemming from the funeral home's burial of the stillborn child's body without the consent of the parents.  The funeral home agreed to the settlement after the Illinois Appellate Court, First District reversed the trial court's decision to grant summary judgment to the funeral home.  This is believed to be the first settlement in Illinois of a claim for interference with the next of kin's right to the body of a deceased.

$1,083,000.00 - Brain Injury (2005)

Settlement in a motor vehicle collision case on behalf of a 47 year old woman truck driver who suffered a head injury when she was rear-ended by the defendant on the interstate.  Following several months of non-specific complaints, the Plaintiff developed seizures.  Subsequent evaluations by a neurologist and neurosurgeon identified that she was suffering from post-traumatic induced epilepsy.  The Plaintiff is now on permanent medications and has had to undergo several procedures to implant an anti-seizure medical device.

$793,333.00 - Defamation (2005)

Jury verdict in a defamation case in favor of a high school coach defamed by the parent of one of the players on his team.  The jury awarded $475,417.00 in punitive damages and $317,916.00 in compensatory damages.  This verdict was affirmed on appeal by the Illinois Appellate Court, First District in August 2006.

$575,000.00 - Drug Interaction (2005)

Settlement in a medical malpractice action on behalf of a woman whose husband was administered a lethal dose of morphine while under the care of doctors in Chicago area hospital.

$435,000.00 - Sponge Left After Surgery (2005)

Settlement in a medical malpractice action on behalf of a 45 year old woman in whom a sponge was left after she was admitted to the hospital 34 ½ weeks pregnant.   An emergency c-section was performed as her labor was induced and she failed to progress.  At the conclusion of the operation, the doctors realized they did not do a sponge count but counted the wrappers and determined that all sponges were accounted for.  The next day, after complaints of abdominal pains, the doctors did a CT scan, which revealed the presence of a sponge in her uterus.  The Plaintiff then underwent laparoscopic surgery for removal of the sponge and suffered further complications and discomfort requiring an additional surgery.

$950,000.00 - Failure to Diagnose Pulmonary Embolism (2004)

Settlement in medical malpractice action on behalf of a 58 year old woman married with 5 adult children who died several days after an emergency hospitalization for shortness of breath and fainting.  Autopsy revealed that she had suffered a bilateral saddle embolism, which is a blood clot in the arterial blood flow between the heart and lungs.  The plaintiff claimed that the emergency room physician and treating internal medicine physicians failed to identify signs and symptoms indicative of a pulmonary embolism known to cause immediate death if not treated.  With adequate treatment and certain anti-coagulative therapy, the plaintiff’s decedent’s chances of survival would have been greatly increased.

$3,000,000.00 - Automobile Collision (2003)

Recovery for a young woman whose right elbow was injured in an automobile collision.   Her vehicle was struck at an intersection by an offender fleeing police during a pursuit.  The recovery against the police authority was grounded on willful and wonton conduct for the manner in which it conducted the police pursuit, which endangered public safety.

$875,000.00 - Wrongful Death (2003)

Wrongful Death recovery to family (parents and two brothers) of 22 year old young man who turned left at the end of a green arrow light control and was struck by a truck entering the controlled intersection on a red light.   An accident reconstruction expert established that though the deceased was turning left, the defendant-trucker’s light had just turned red and he did not slow down or stop.

$150,000.00 - Wrongful Death (2003)

Jury verdict (reduced 50% to $75,000.00) in a Kane County wrongful death trial where the Plaintiff's decedent was killed by electrocution after climbing in the window of a tavern and encountering electrified metal bars on the window sill.  When Plaintiff's decedent grabbed hold of the bars he was electrocuted and died minutes later.  Defendants had wired certain windows with a 220 volt electrical current from their deep fryer in an attempt to prevent burglaries of the premises.

$400,000.00 - Negligent Anesthesia Procedure (2002)

Recovery for a medical negligence injury to a retired gentleman who was admitted to Northwestern  Memorial Hospitalfor lumbar surgery.  The anesthesiologist carelessly performed placement of the endotracheal tube causing partial damage to one of his cords and temporary induced coma necessitating several months of rehabilitation.

$1,000,000.00 - Products Liability (2001)

On behalf of the wife of a young man killed instantly when his vehicle ran off the road on I-88.   Motorists reported seeing a blue plastic crate ahead of the deceased causing him to veer off the road and hit a light pole.  Investigation revealed the identities of the manufacturer of the crate as well as the transporter.  Witness testimony and reconstruction of the evidence established that the crate carrier was on the same road shortly before the occurrence and likely dropped a crate from its load onto the roadway leading to the crash.

$800,000.00  - Auto Collision (2001)

Recovery on behalf of a trucker rear-ended at the O’Hare Toll-way Oasis.   The impact damaged his left knee and he suffered chronic lumbar muscle damage.

$1,500,000.00 - Construction Injury (2000)

Recovery from general contractor for 49 year old steel construction worker who fell from an unsecured ladder injuring his right ankle prohibiting him from engaging in his trade.   The general contractor claimed it lacked notice of the condition but investigation and discovery established that the defendant had enough knowledge of the work site so that it should have been known of the dangerous condition.

$1,300,000.00 - Construction Injury (2000)

On behalf of an electrician who fell 40 feet from an elevated platform suffering multiple fractures to both legs.   The general contractor contended that the plaintiff was responsible for his own injuries in failing to secure his safety harness.  Despite having no recall of the fall and no eyewitnesses, we were able to reconstruct events to show that the plaintiff was likely transitioning between tie-offs requiring him to detach his harness at the moment he fell.

$5,000,000.00 - Severe Brain Injury (1999)

Recovery for 22 year old who was broad-sided by a CTA bus as he was exiting a Jewel Supermarket parking lot.   Plaintiff suffered brain damage, causing spastic quadriplegia and cognitive deficits requiring life long care.  Despite the defendant’s contentions that the plaintiff pulled out in front of the bus from a private drive, reconstruction evidence showed that our client was not entirely at fault.

$3,000,000.00 - Drug Interaction (1999)

Settlement for the family of a 2 year old boy who died as a result of a fatal overdose of sedative administered to calm the boy for a routine CT scan.  After hitting his head at a family birthday party, the boy was taken to the hospital to make sure there were no internal injuries.  X-rays were taken and revealed no abnormalities.  As a precaution, a CT scan was ordered and performed after the administration of a sedative by the hospital nurse.  Shortly after the test the boy stopped breathing.  Although he was revived in the hospital emergency room, he sustained irreversible brain damage and was taken off life support 5 days later.  At the time of settlement, this settlement was the second highest in Illinois for the death of a child under the age of 3.

$610,657.00 - Premises Liability (1999)

Jury verdict in favor of a 27 year old women who slipped and fell on an unnatural accumulation of ice on the sidewalk of the apartment complex in which she lived.  Plaintiff's expert witness was able to establish that the unnatural accumulation was caused by the defective placement of a downspout that created an opportunity for water to pool and freeze on the sidewalk.  As a result of her fall the Plaintiff sustained a lumbar sacral strain with bulging disc at L5, leading to chronic pain syndrome.  Total medical specials in this case were only $13,000.00.

$172,000.00 - Negligence (1999)

Federal jury verdict against Firestone on behalf of a man who injured 3 fingers while attempting to reinstall a wheel that had fallen off his vehicle while driving.   Expert metallurgical analysis proved that mechanics at a Firestone Auto Service Centerfailed to tighten all the lug nuts on the wheel following new tire installation.

$900,000.00 - Medical Malpractice (1998)

Recovery for a woman who suffered damage to her esophagus due to medical negligence caused by physicians performing sclerol therapy.   Long-term endotracheal tube caused scarring, and a hoarse voice.

$3,250,000.00 - Commercial Litigation (1998)

Commercial litigation settlement on behalf of a seller of a business against the buyer who reneged on the purchase price alleging seller fraud.   Document investigation and discovery, including business valuation expert, established that the seller sold valuable goods and inventory and that the purchaser was attempting to raid the business and force the seller to accept a lower offer.

$900,000.00 - Products Liability (1997)

Settlement on behalf of the family of a 17 year old boy killed at an automobile service station by a tire that exploded while he was inflating it following a repair.   In a lawsuit against car wheel manufacturer Budd Company, and tire manufacturer Uniroyal/Goodrich Tire Company, plaintiff's attorney Paul Salzetta established that the wheel company began manufacturing and selling wheels one-half inch greater in diameter, 16.5 inches rather than previously marketed 16.0-inch wheels to the same market consumers but without adequate notice or information.  The inadvertent use of the larger tire caused the tire to explode upon its inflation

In a subsequent trial against the tire manufacturer only, the jury found against the defendant.   Although the verdict did not exceed the original settlement it was only one of several favorable verdicts ever reached nationwide in a wheel/tire mismatch trial against the tire manufacturer only.

$4,600,000.00 - Products Liability (1995)

Jury verdict against an automobile service center on behalf of a young man severely burned in a single vehicle collision in which his vehicle erupted into flames.  Trial evidence showed that the defendant performed careless fuel line repairs causing the fuel line to leak after the impact resulting in the fire.

$2,164,000.00 - Premises Liability (1995)

Jury verdict in a Will County case in favor of a 37 year old woman who sustained multiple injuries due to being pinned beneath a 500 pound cabinet that came loose from its position on the wall above a desk at which the she was working.  The Plaintiff contended that the fastening system chosen for cabinet installation was improper and caused the cabinet to fall and the jury agreed, apportioning 65% of the fault to the contractor who installed the cabinet and 35% to the national fast food chain that owned the restaurant.  This trial was the longest in Will County history, lasting 13 weeks.

$108,000.00  - Employment Discrimination (1991)

Jury verdict obtained in a female sexual discrimination trial against trucking giant Yellow Freight Systems for failure to hire a woman trucker.  Yellow Freight appealed the verdict to the 7th Circuit Court of Appeals and again to the United States Supreme Court .  All courts affirmed the original verdict in favor of the plaintiff.