VERDICTS
Robert P. Vogt
Case Name: Healy v. Corporation/Convenience Store
Venue: Will County
Judge: Judge Garrison
Date: November 27, 2006
Demand: $200,000
Offer: $25,000
Verdict: Not guilty.
Summary: Plaintiff alleged that while he was a customer at a convenience store in Lockport, Illinois, he stepped over a snow pile, slipped on ice, and fractured his ankle. The plaintiff alleged that defendant had improperly piled snow on the perimeter of the parking lot and failed to replace a missing gutter downspout, which allowed ice to form across the parking lot. It was the plaintiff's position that the ice on the defendant's lot was an "unnatural accumulation" and therefore, defendant was liable for the plaintiff's injury. The defense denied that the snow was improperly piled and that the missing downspout contributed to any ice on the parking lot. The jury returned a not guilty verdict in favor of the defendant.
Case Name: Calhoun v. Correctional Medicine
Venue: United States District Court
Judge: Judge Guzman
Date: June 30, 2003
Demand: $100,000-$1,000,000
Verdict: Not guilty.
Summary: Plaintiff alleged that he tried to pre-verify his medications with the Kane County jail staff but that his efforts were refused. The plaintiff claimed that he suffered a "panic attack" because he was not provided with his medication in a timely manner. The defense denied that the plaintiff had a constitutional right to pre-verification of his medications and that the plaintiff's panic attack was to his facing a 120 day jail sentence.
Case Name: McCann v. Dentist
Venue: Circuit Court of Kane County
Judge: Judge Brown
Date: March 3, 2003
Demand: $950,000.00
Verdict: $22,000 for Plaintiff (49% contribution)
Summary: Dental Malpractice
Case Name: Farver v. Correctional Medicine
Venue: Northern District of Illinois, U.S. Court
Judge: Judge Gettleman
Date: February 4, 2003
Demand: $2 Million
Verdict: Nurse, Not Guilty; Psychiatrist, Not Guilty; Social Worker, $225,000; Correctional Medical Services, punitive damages $2.4 million.
Summary: Post trial motions currently being filed with court.
Case Name: Shadwell v. Physicial Therapist
Venue: Circuit Court of Illinois, Will County
Judge: Garrison
Date: 11/20/02-11/26/02
Demand: $1,000,000
Verdict: Not Guilty
Summary: The plaintiff alleged that the defendant, a physical therapist, required her to perform active range of motion exercises during a physical therapy evaluation following her rotator cuff surgery. The plaintiff alleged that this motion to her arm caused her rotator cuff to retear. The defendant contended that at this initial physical therapy evaluation, he had simply asked the plaintiff to raise her arm as high as she could in an attempt to determine her range of motion post-operatively, which action could not have been the cause of the plaintiff's retorn rotator cuff. The defense further argued that the defendant's actions were within the standard of care. The jury returned the verdict in favor of the defendant.
Case Name: Hare v. Correctional Medicine
Venue: Kane County, Illinois
Judge: Judge Nottolini
Date: May, 2002
Demand: $501,500.00
Verdict: $229,500.00 after 49% off $540,00.00 v. both defendants ($100,000.00 pain and suffering; $50,000.00 disability; $300,000.00 pecuniary loss).
Summary: Defendant, Correctional Medical Services (CMS), contracted with the Kane County Jail to provide medical services to the inmates at the jail. Defendant, Lisa Zegar, was the company's Kane County Jail Administrator. The plaintiff was an inmate at the jail and suffered from chronic liver disease, Hepatitis C and was HIV positive. During a 32-hour period, she sought medical care five times from nurses working for CMS, once complaining of vomiting. Despite her complaints, the nurses did not notify a doctor or send her to a hospital. Plaintiff was found comatose about five hours after her last visit to the nurse. She died two days later without having regained consciousness. Defense contended the nurses adequately responded to plaintiff's series of complaints and that it appeared her vomiting had resolved. Defense also argued her death was the result of chronic liver disease and history of drug and alcohol abuse rather than a recent illness.
Case Name: Estate of Crystal Monique Nelson v. Correctional Medicine
Venue: DuPage County, Illinois
Judge: Judge Elsner
Date: April, 2002
Demand: $1 Million
Verdict: Not Guilty
Summary: Plaintiff was serving a 60-day sentence for forgery at the DuPage County Jail. She was six months pregnant when she was first confined to the jail. She alleged that during the evening, she complained to the jail nurse that she was experiencing nausea and discomfort but the nurse failed to provide any medical assistance. At 11:30 a.m., she then complained of labor pains and contractions and was immediately transferred to Central DuPage Hospital. When she arrived at the hospital, she and her fetus were both in stable condition. While there, her water bag was ruptured by the ob/gyn and several minutes later she suffered a significant placental abruption. An emergency C-section was performed and child was born at 26 weeks gestation. She died 49 minutes after delivery despite resuscitation efforts. Defense argued mother did not make any complaints to any jail medical staff until 11:30 p.m., when she complained of contractions. There was no evidence, other than her testimony, that any prior complaints were made and the jail nurse denied that any verbal complaints were made. Defense contends the baby died due to loss of oxygen during the placental abruption which took place at the hospital. Defense also argued that mother and fetus were in stable condition when admitted to the hospital. The jury returned its verdict within 20 minutes after beginning deliberations.
Case Name: Smith v. Medical School Clinic, Obstetrician (Agent)
Venue: Lake County Illinois
Judge: Goshgarian
Date: June 25 to July 14, 2001
Demand: $40 million
Verdict: Not Guilty
Summary: The plaintiff alleged that the profoundly brain damaged baby was injured during the labor and delivery process and if delivered earlier would have been a normal baby. Allegations included failure to monitor the baby's well being and failure to deliver the baby timely by either forceps or caesarian section. The defense asserted that there was no negligence despite the outcome.
Case Name: Thomas v. Psychotherapist
Venue: Cook County, Illinois
Judge: Judge O'Brien
Date: l999
Demand: $20 million
Verdict: $610,000.00 for Plaintiff vs. all Defendants after 39% reduction off $1 million for contributory negligence of the decedent and 51% comparative fault of the parents. A new trial was ordered due to inconsistent verdicts.
Summary: A 22-year old female college student was diagnosed with major depression in June, l992. In November, l993, she committed suicide by deliberately overdosing on antidepressant medication prescribed by her psychiatrist. The decedent was last seen for therapy by the psychologist and for medical evaluation by the psychiatrist over 15 months before her death at Illinois State University. Plaintiff alleged that our client, the clinical psychologist, failed to refer the decedent to another medical health professional for therapy, ignored psychological test results which indicated the decedent was a suicide risk, and inappropriately facilitated the decedent's renewal of prescription medication for the 15 months before her death. The decedent had written a desperate letter to her parents ten days before taking her own life. The decedent's parents neither called her nor sent her money before the suicide. The jury found the parents 51% contributorily at fault for failing to pay the decedent's college expenses pursuant to a 1978 divorce decree. The trial is scheduled for early 2000.
Case Name: Stevenson vs. Podiatrist
Venue: Circuit Court of Cook County
Judge: Dooling
Date: 1999
Demand: $100,000.00
Verdict: For Plaintiff. $400,000.00 awarded.
Summary: Plaintiff's allegations were that defendant improperly diagnosed a condition of bunions; that he performed unnecessary bunionectomy and other podiatric surgery; utilized and employed improper surgical techniques; and failed to recognize complications which resulted from the improper surgical techniques employed by the defendant. Plaintiff alleged she has been in continual pain and has toe deformity.
Case Name: Cusumano v. Construction Company, et al
Venue: U.S. District Court, Northern District of Illinois
Judge: Norgle
Date: l997
Demand: $3 million
Verdict: $320,000.00 vs. Tollway
Summary: Product liability/breach of contract claim tried in the United States District Court in Chicago, Illinois. We represented the third-party defendant, The Illinois State Toll Highway Authority (The Tollway). The plaintiff's demand against the defendant was $5,000,000. The defendant offered $800,000. The jury ultimately found the plaintiff's damages to be $1,600,000 and the jury apportioned 20% of that fault to the Tollway. In addition, the jury found in favor of the Tollway on the Tollway's counterclaim for a breach of contract. On appeal, the Seventh Circuit reversed and entered summary judgment in favor of the Tollway.
Case Name: Lapinee Trade v. Brewery Company
Venue: U.S. District Court, Northern District of Illinois
Judge: Gottshall
Date: l995
Demand: $1 million
Verdict: $680,000.00
Summary: Commercial breach of contract action that was tried in the United States Federal District Court in Chicago. Prior to trial, there was no offer made by the defendant. We represented the plaintiff, a beer distributor, and obtained a verdict in the plaintiff's favor of $680,000.
Case Name: Pratt v. Emergency Medicine Corporation
Venue: Lake County, Illinois
Judge: Judge Hoogasian
Date: l994
Demand: $2.5 million
Verdict: Not guilty.
Summary: Medical malpractice case involving death of a 28-year old woman with a three-year old child who was discharged from the emergency room with diagnosis of bronchitis. She died of acute myocardial infarction that evening.
Case Name: AIAC v. Attorney
Venue: U.S. District Court, Northern District of Indiana
Judge: Rodovich
Date: l996
Demand: $1 million
Verdict: $1,350,000.00
Summary: Legal malpractice/breach of contract case tried in the United States Federal District Court in Hammond, Indiana. We represented the plaintiff. Prior to trial, we made a policy demand on the defendant and the defendant offered $300,000 to settle the case. The jury's verdict was in our favor for $1.25 million.
Case Name: Dixon v. R.N.
Venue: Lake County, Illinois
Judge: Scott
Date: l996
Demand: $1 million
Verdict: Not guilty
Summary: Medical malpractice case tried in the Circuit Court of Lake County, Illinois. Prior to trial, the plaintiff made a demand of $800,000 and we offered nothing. The jury's verdict was in favor of the defendants.
Case Name: Stedman v. Private Investigator
Venue: U.S. District Court, Northern District of Illinois
Judge: Castillo
Date: l996
Demand: Policy Limits
Verdict: Not guilty
Summary: Negligence claim against a private investigator that was tried in the United States District Court in Chicago. The plaintiff's demand before trial was for the insured's policy limits. We offered nothing. The jury's verdict was for the defendant.
Case Name: Connell vs R.N.
Venue: Lake County, Illinois
Judge: Scott
Date: l997
Demand: $1 million
Verdict: $449,000.00
Summary: This was a medical malpractice wrongful death case tried in Lake County, Illinois involving nursing malpractice in the Lake County Jail. The plaintiff's demand before trial was $1 million and we offered nothing. The jury verdict was reduced by 42% for plaintiff's contributory negligence.
Case Name: Menshikova v. Municipality
Venue: United States District Court for the Northern District of Illinois
Judge: Shadur
Date: l997
Demand: Over $100,000.00
Verdict: $400,000.00
Summary: Civil rights action tried in the Federal District against three Chicago Police Officers. Allegations of excessive force were rejected by the jury. The plaintiff's wife, who allegedly miscarried after her husband's arrest, was awarded $400,000.00 for intentional infliction of emotional distress due to observing her husband's non-violent arrest. The verdict is on appeal to the Seventh Circuit.
Case Name: First Baptist v. Tollway
Venue: DuPage County, Illinois
Judge: Judge Darrah
Date: l997
Demand: $310,000.00
Verdict: Pending; not resolved yet.
Summary: Plaintiff church alleged that it suffered flooding damage as a result of the Tollway's construction of a highway extension. We asserted that the Church floods because it was located in the floodplain. The decision is on appeal.