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Dudley and Lake take pride in announcing a court approved partial minor's settlement in the amount of $8.25 million for injuries sustained prior to delivery resulting in cerebral palsy and severe cognitive impairment. The defendants Northwestern Memorial Hospital contributed $6.25 million with the remaining defendants, Northwestern Gynecology and Obstetrics, Ltd. and Melvyn Bayly, Jr., M.D., paying $1 million each. The plaintiffs alleged Dr. Bayly and nurses mismanaged the labor and failed to respond in a timely manner to ominous results of antenatal testing done earlier on the day of delivery. The minor plaintiff who born August 6, 2001 has undergone thousands of hours of medical therapies since his birth and is profoundly injured. He requires assistance with all activities of daily living. He currently lives his parents and attends Wilma Rudolph School in Chicago. There is one remaining defendant, Dr. Eileen Murphy. The case is scheduled to go to trial in early 2009.
"The settlement will allow for the minor’s parents to continue to provide for all of his needs. It gives them piece of mind that no matter what happens to them he will be cared for." Said Matthew Dudley, of the law firm of Dudley & Lake, one of the attorneys. The plaintiffs were represented by Matthew Dudley and Kevin Golden of the law firm of Dudley & Lake. The defendant Northwestern Memorial Hospital was represented by Robert Nora of McKay, Nora, Tanzillo & Kott and the defendants, Dr. Bayly and Northwestern Gynecology and Obstetrics, Ltd. were represented by John McGarry and Sonia Desai of Dykema Gossett.
Matthew Dudley settled a case against a Suburban Chicago hospital in the amount of $9.4 million. The plaintiff, a 42 year old male, was undergoing transesophageal echocardiogram when he received too much and his oxygen level was not monitored appropriately. As a result the patient suffered brain damage due to lack of oxygen to the brain. The patient will require a high level of medical care for the remainder of his life and is now unable to work or care for himself or perform any activities of daily living. The settlement proceeds will allow for the patient’s wife to provide the high level of care he will require.
Matthew Dudley and Jacqui Melius settled a medical malpractice case against at certified nurse mid-wife employed by University of Illinois Hospital for $2.3 million. A videotape of the delivery showed the nurse midwife performing inappropriate force and maneauvers which are not medically appropriate during the delivery. As a result, the plaintiff suffered severe nerve damage to her right arm. The injury, known as a “brachial plexus” injury has required two nerve graph procedures in an effort to help restore function to the arm. The medical problem encountered “shoulder dystocia” is a complication of birth of which there are several recognized obstetrical maneauvers which are used and allow for the baby to be delivered uninjured. Unfortunately, the nurse midwife in this case failed to perform the recognized maneauvers, and as the videotape established, exerted too much force and forever changed the life of her patient. Without the videotape, it is unlikely we would have been able to obtain the recovery that we did. Unfortunately, many hospitals do not allow patients to videotape deliveries.
A $500,000 settlement has been reached on behalf of a ten year old girl who suffered a brachial plexus injury at birth. The minor plaintiff was born on April 20, 1997. The medical records from Ingalls Memorial Hospital stated that it was a spontaneous vaginal delivery; however the child was born with a brachial plexus injury and six broken ribs. The defendant alleged that the brachial plexus injury and broken ribs occurred because of intrauterine malpositioning. Subsequently, the child underwent surgery and had a successful recovery. The settlement was approved by Judge William Maddux on September 26, 2007. The defendant doctor settled for his policy amount. The plaintiff was represented by Kevin J. Golden.
In January of 2007, a Cook County jury awarded nearly $1.7 Million to a 50 year old man who was injured in a work accident. The case was prosecuted by Thomas Lake. The jury accepted Mr. Lake's contention that his client, a 50 year old union glazier, was injured as a result of the negligent conduct of the defendent's employee. Essentially, the defendent, by their employee, failed to secure and control a stack of glass weighing approximately 1,000 pounds. As a result of his injuries, Mr. Lake's client was no longer able to return to work as a union glazier and suffered significant wage loss. The trial lasted approximately ten days.
DeKalb County Chief Judge Kurt Klein approved a settlement in the amount of $5 million dollars on behalf of a local 42 year old woman who was the victim of medical malpractice. The settlement of $5 million represents the highest medical malpractice settlement in DeKalb County history. The plaintiff, a 42 year old mother of two, sought treatment at Kishwaukee Community Hospital emergency room and was diagnosed with cellulitis. Despite markedly abnormal laboratory results and a red, swollen right arm, the patient was sent home from the emergency department. She returned some 19 hours later in shock as a result of the bacterial infection which had not been monitored or treated properly. The plaintiff went on to suffer profound septic shock resulting in amputation of both legs below the knee and the loss of most of her fingers on both hands.
"The settlement will allow our client's future medical needs to be adequately met, in addition to housing modifications she will require as a result of her injuries," said Matthew Dudley, the attorney who represented the plaintiffs. The case is particularly troublesome in that very obvious signs of a very worrisome, but easily treatable infection, were ignored by the healthcare team. The settlement was among the highest settlements outside of Cook County for 2005, according to the Chicago Daily Law Bulletin.
On November 4, 2002, a North Chicago man was permanently injured when a heavy box containing a disassembled wooden shelving unit fell off the back of a Salvation Army truck and landed on his head. The driver of the truck, an employee of the Salvation Army, placed the box at the rear of the truck. The Plaintiff, a non-employee of the Salvation Army, but a participant in their rehabilitation program, was assigned to assist the driver, but had been given no training in unloading trucks. The 41 year old suffered a spinal cord injury that left his left leg permanently paralyzed. In September 2005, a $4.75 settlement was secured on his behalf.
The man was represented by Thomas M. Lake and Jacquelyn D. Melius of Dudley & Lake, L.L.C. "We are certainly pleased with the outcome. This settlement allows our client to financially care for himself in the future. Now he can live the fullest life possible given the injury," said Plaintiff's attorney, Thomas M. Lake.
Thomas M. Lake and Thomas M. Schippers recovered a $4 million settlement on behalf of a truck driver whose right leg was amputated below the knee after a one-ton bundle of steel fell on him. On November 9, 2001, in Harvey, Illinois, the Plaintiff was waiting for a flatbed trailer to be loaded with steel tubing when the accident took place. A lawsuit was filed in the Circuit Court of Cook County alleging that a fork lift driver negligently operated a forklift and caused a bundle of steel to fall on the Plaintiff's leg. The lawsuit also named the company where the accident occurred, the fork lift maintenance company, and the company who contracted with the Plaintiff to haul steel from the site where the accident occurred as defendants.
Mr. Lake was able to secure a settlement of 2.1 million dollars for a man who was injured during the collapse of a trench. The worker, who was a plumber, was in a trench connecting pipes when the trench collapsed causing dirt to fall on top of him. His injuries resulted in his permanent disability.
Mr. Lake represented a woman who sustained injuries as a result of a boating accident. She suffered brain and closed head injuries and was left with permanent cognitive impairment. As a result of these injuries, Mr. Lake secured a 1 million dollar settlement on behalf of the client.
Mr. Lake represented a truck driver who was involved in a head-on collision resulting in injuries to his leg. As a result of the injuries, the truck driver missed significant time from work. Mr. Lake pursued an uninsured motorist claim against his client's employer and their insurance carrier and secured a settlement of $885,000.
Mr. Lake represented a laborer who was involved in a rear-end auto accident and suffered injuries to his back. He secured a total settlement of $875,000 for the injured man. Additionally, Mr. Lake was able to secure a partial waiver of the worker's compensation lien as part of the settlement.
Lake County Circuit Court Judge Margaret Mullen on Tuesday (January 11, 2005) approved a $1 million settlement for the carbon monoxide death of a North Chicago resident.
Carlotta McClain, who was on disability, died while caring for a one-year-old granddaughter and two week old grandson in the family's Waukegan rental home. She was found in the bathroom unresponsive and not breathing. After rescuers administered oxygen, her carbon monoxide level was 50%.
The two children survived, as did their father, Nathan McClain, Sr., after being treated at St. Therese Medical Center in Waukegan.
Firefighters initially were called to the home at 100 N. Green Bay Road for a report of a man having a seizure. They detected abnormal levels of carbon monoxide levels (35 ppm), that became dangerously high (225 ppm) when the furnace was turned on.
The building had no detector for carbon monoxide, a colorless, odorless gas that is quickly absorbed into the bloodstream and can be fatal.
City inspectors determined the furnace location and configuration allowed flue gases to re-circulate through ductwork into the home.
"Had the rental property been properly inspected prior to the family moving into the residence, the defects could have been repaired, and this tragedy would likely not have occurred," said Jacquelyn Melius, attorney for the family. "Had the furnace been properly installed and maintained, the defects would have been discovered before claiming Ms. McClain's life."
"Carlotta McClain was the matriarch of her family and her death was a significant loss for her children and grandchildren," added Melius.
Although an employee of the North Shore Gas Company disabled a defective connector, they did not tag it. That would have required the owner to fix the problem before reconnecting the gas line to the furnace.
Before the McClains moved in, the house was inspected several times by the gas company and the Waukegan Housing Authority. The McClain family moved in with federal Section 8 housing assistance, in November 2001.
The lawsuit was filed against the gas company, the housing authority and inspector Regina Swan, and landlord Martin Sanchez of Beach Park. The lawsuit alleged Sanchez was responsible for maintaining the building in a "reasonably safe and habitable condition," but had failed to correct furnace problems.
The lawsuit also contends that Nathan McClain, Sr. suffered "severe and debilitating injuries, leaving him with cognitive impairment as a result of the carbon monoxide poisoning." The children did not suffer long-term damage.
Under the terms of the settlement, Sanchez (or his insurance company) must pay $435,000, the gas company $547,500, and the housing authority $17,500.
The Zion Police Department has agreed to pay $500,000 to the family of a Wisconsin man who was killed when a squad car collided with the van in which he was riding, officials said Tuesday.
Scott Hamm, 19, of Silver Lake, Wis., was ejected from the van June 10, 2001, when a Zion police officer sped through a red light at 57 m.p.h. on his way to a domestic disturbance call.
The speed limit was 30 m.p.h. on Sheridan Road at 29th Street in Zion, where the accident occurred, said attorney Thomas Lake, who filed a wrongful death suit on behalf of Hamm's family.
Hamm was taken to Lutheran General Hospital in Park Ridge, where he died.
The officer who was driving the squad car, Jason Adams, was suspended for 12 days after the accident.
A jury on Thursday awarded more than $4.2 million to the family of a former Lake County finance direction who died of a heart attack at Waukegan's Victory Memorial Hospital.
Jurors accepted the family's contention that 51-year-old Raymond Amadei did not receive proper care when he arrived at the emergency room Sept. 22, 1999, complaining of chest pains.
"The Amadei family's questions about what happened and why were never answered until this litigation began," said Matthew Dudley, one of their attorneys. The jury determined that the hospital's documentation of the care he did receive was not accurate, and rejected their contention that it was.
The trial revolved around the family's claim Amadei did not receive prompt or proper treatment. The family also claimed he was not connected to a heart monitor until almost 20 minutes after arriving at the hospital.
Hospital attorneys Michael Hendrick and Michael Freeman argued Amadei was administered proper treatment. They said Amadei died from a heart attack that happened so quickly, there was no time for doctors or nurses to react.
The jury awarded the family $4.246 million after an eight day trial.
The actual amount of compensation the family will receive is unknown because of an agreement between both parties prior to the verdict announcement. It called for one undisclosed amount to be paid to the family even if the jury ruled in favor of the hospital, and a second, higher amount to be paid if the jury found in favor of the family.
Dudley said Victory waivied its right to appeal the verdict in the agreement. He expected the family would begin receiving the compensation in a few months.
Barbara Amadei, Raymond's widow, hugged Dudley and fellow attorney Peter Trobe after the verdict announcement, but she declined to comment.
A federal jury has awarded a record $11.23 million to a 21-year-old Morton Grove man who was injured in a traffic accident in western Nebraska.
Robert Chesler, a 19-year-old college student at the time of the collision, sustained compression fractures to four vertebra and reflex sympathetic dystrophy (RSD) of his right arm, which is now dysfunctional and causes pain.
The verdict, delivered Friday in U.S. District Court for the Northern District of Illinois, sets a state record for similar suits, John Kirkton, editor of the Cook County Jury Verdict Reporter, said Monday. The next-highest verdict involving RSD reported since 1984 was for less than $3 million.
According to plaintiff attorney J. Matthew Dudley, a name partner in the Waukegan firm of Trobe & Dudley, P.C., the verdict is the second highest in the U.S. history for suits involving RSD.
Chesler, who was also represented by Neal, Gerber & Eisenberg partner Caroline P. Golden, was westbound on Interstate 80 near North Platte, Neb., in March 1999 when traffic was stopped due to an earlier series of accidents. Chesler exited his vehicle to see if anyone needed assistance and to check his car for damage because he skidded off the road when stopping.
His car was then struck from behind by an 18-wheel tractor trailer owned and operated by Dallas based Trinity Industries Transportation, Inc. The trucking company was represented by Johnson & Bell Ltd. name partner William V. Bell and by William M. Gantz, an attorney at Piper, Marbury, Rudnick & Wolfe, L.L.P.
Chesler's right arm – which was his dominant arm – was rendered useless, his attorney said.
Chesler has undergone rehabilitation and plans to return to college this fall, his attorney said.
"Rob's been very motivated to get his life back and I think the jury verdict shows that," Dudley said. The case, Robert Chesler v. Trinity Industries Transportation Corp., No. 99 C 3234, was argued before federal Magistrate Judge Geraldine Soat Brown.
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