Recent Cases:
Summary Judgment in Chemical Exposure Case In an extremely high exposure case, the firm obtained summary judgment on behalf of a distributor of ethylene oxide in a case alleging negligence, products liability, and conspiracy arising from the exposure of more than 25 workers and two minors to the chemical.
Arbitration Award in Construction Contract Dispute Three of our attorneys recently tried a complex, three-party arbitration involving the construction of an ethanol production facility. Breach of contract was alleged against our client, a subcontractor hired to install an industrial dryer system for the facility, with damages claimed to be in excess of $15 million. Our client also had a counterclaim for breach of contract due to failure to make payments in excess of $500,000. The three person arbitration panel found in favor of our client on the counterclaim and awarded only $35,000 on all remaining counts.
Illinois Appellate Court Rejects 20-Year-Old Negligence Claim In a significant victory that protects hospitals from stale negligence claims, the Illinois Appellate Court for the First District affirmed the dismissal of an action alleging the fraudulent concealment of negligence by hospital physicians and nurses. The appellate court rejected the claim, citing the lack of evidence the hospital's board of directors or other managerial personnel were aware of the alleged fraudulent concealment.
Summary Judgment in Professional Negligence Case In a highly unusual case, the firm obtained summary judgment for a major hospital sued for contribution in connection with the injury and treatment of a motor vehicle accident victim (quadriplegic).
Not Guilty Verdict in Failure to Diagnose Case In an unusual two week trial, the jury returned a not guilty verdict for our client, a pathologist, who allegedly misdiagnosed slides of specimens removed from a patient’s neck. The patient, a 44-year-old father of two, ultimately died from cancer.
Not Guilty Verdict in Professional Negligence Case The jury returned a not guilty verdict for our client, an obstetrician/gynecologist. The plaintiff alleged significant damages based on the doctor's alleged failure to appropriately treat a 54-year-old woman after performing a hysterectomy.
Not Guilty Verdict in Wrongful Death Case This case alleged that our client, a psychiatrist, failed to monitor a 45-year-old patient being treated for severe depression. The patient overdosed on medication prescribed to treat her condition and died. The jury returned a not guilty verdict.
Appellate Victory in Landowner Liability Case The Illinois Appellate Court for the Second District upheld the trial court's summary judgment in a case involving a man who sustained a severe back injury as a result of a fall at our client's business during a snowstorm. The court held that landowners cannot be held responsible for slip and falls on natural accumulations, regardless of where they accumulate.
Not Guilty Verdict in Infant Death Case Our client, an obstetrician/gynecologist, was sued for failing to detect a placental abruption, which allegedly caused the death of a twin, two days after an emergency Cesarean section. After hearing extensive expert testimony in the areas of obstetrics and placental pathology, the jury returned a not guilty verdict in favor of our client.
Not Guilty Verdict in Vehicular Injury Case The plaintiff in this case alleged serious injuries as a result of a three vehicle collision and asked the Cook County jury for $950,000. The defendant admitted liability at trial but disputed causation. Plaintiff's treating doctors testified that the plaintiff's bilateral rotator cuff tears were the result of the accident and that the plaintiff could not return to work. After deliberating less than two hours, the jury returned a not guilty verdict.
Not Guilty Verdict in Birth Injury Case The jury returned a not guilty verdict for the hospital and its maternal-fetal medicine/high-risk group in a case involving a birth injury/shoulder dystocia.
Not Guilty Verdict in Delayed Diagnosis Case The jury returned a not guilty verdict for all defendants in this case involving the delay in the diagnosis and treatment of breast cancer.
Not Guilty Verdict in Wrongful Death Case This case involved the death of a 32-year-old mother who was hospitalized with breathing difficulties. After it was determined that the patient suffered from pneumonia and sepsis, she was placed on a ventilator but ultimately succumbed to cardiopulmonary arrest and brain death. Our client, the hospital, was alleged to have been negligent in providing care to the decedent. The allegations included the purported failure to secure a physician to see the patient on the night she went into arrest. After a two-week trial, the jury returned a not guilty verdict.
Other News:
Jamie L. Hull was appointed Special Project Coordinator of the Young Lawyers' Section of the Chicago Bar Association (CBA) for the 2006-2007 bar year and is a member of the Investigative Division of the Judicial Evaluation Committee of the CBA. Additionally, she is the President-Elect of the Young Professional's Board of the Chicago Bar Foundation.
Anthony J. Longo was appointed an Associate Member of the Civil Practice Committee Council of the Illinois State Bar Association.
Donna L. Moore was appointed to the Illinois State Bar Association Trusts & Estates Section Council for the 2006-2007 bar year. She is also a member of the hearing board for the Illinois Attorney Registration and Disciplinary Committee (ARDC) for the 2007-2008 term.
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