Illinois Lawsuit Verdicts and Settlements
At Cogan & McNabola, P.C. we understand that the bottom line is results. Our settlements and verdicts speak for themselves and we urge you to read on to learn more about our recent successes. For further information about our firm, please call us today at (800) 704-2900.
Recent Results (reprinted from Chicago Daily Law Bulletin)
$14 Million
Attorney: Mark E. McNabola
Facts: A woman was pregnant when she arrived at Trinity Hospital with contractions. Her labor was induced but the fetus did not tolerate labor and showed distress. A C-section delivery was delayed nearly 7 hours. The baby was delivered and is severely delayed. The patient arrested during delivery and died from an amniotic fluid embolism.
$11.4 Million
Attorneys: Michael P. Cogan and John M. Power
Facts: Plaintiff was having a cervical fusion revision at Northwestern Memorial Hospital when his head dropped from neutral to 80 degrees, causing an injury to his cervical cord. He was rendered a ventilator dependent quadriplegic for 2 years and subsequently died from his injuries. The healthcare defendants claimed a pin tip on the headholder device fractured, causing the catastrophe. The hospital threw away the pin tips, then sued the product defendants. Both plaintiffs and the product defendants had spoliation claims against the healthcare defendants.
$10.121 Million
Attorney: Mark E. McNabola
Facts: A Cook County jury returned the verdict in favor of a 72 year-old grandmother rendered wheelchair-dependent after a car vs. truck accident. The cause of the accident was hotly debated during the one-week trial.
$10.1164 Million
Attorney: Mark E. McNabola
Facts: A 17 year-old girl was killed when she was struck by a vehicle which had previously collided with a Greyhound bus which was traveling too fast for conditions. After a ten-day jury trial, a Cook County jury returned a verdict in favor of the family. According to the Jury Verdict Reporter, this is a record high verdict for the wrongful death of a minor in a motor vehicle accident.
$7.875 Million
Attorney: Mark E. McNabola
Facts: A 64 year-old woman went to Swedish Covenant Hospital's ER with knee pain. She was treated and discharged. The hospital delayed the diagnosis and treatment of meningitis. The patient suffered a stroke and severe disability.
$7.675 Million
Attorneys: Mark E. McNabola and John M. Power
Facts: A salesperson was demonstrating a piece of construction equipment known as a man lift to a potential client. The man lift platform collapsed due to corrosion and deterioration of a critical connection that was necessary to maintain the platform in a level position, and the two men were thrown some 30 feet to the ground. It was alleged that the plaintiff failed to provide a lanyard or other fall protection to his client. The plaintiff suffered acute and permanent injuries to his ankle and lower back.
$6.952 Million
Attorneys: Mark McNabola and Jon Papin
Facts: A Cook County Jury awarded $6.952 million to a man who lost his leg while working at a City of Chicago construction site. The man was working near his truck at a City of Chicago construction site when a driver struck him and pinned him against his truck. The City of Chicago failed to properly mark their construction site, failed to safely route traffic around the area, and failed to use flaggers to warn traffic to slow and direct it to move only in one direction at a time.
$6.8 Million
Attorney: Mark E. McNabola
Facts: A 48 year-old woman was admitted to the University of Illinois Hospital for surgery to alleviate sleep apnea. Three days after a tracheotomy was performed, the tube clogged allegedly due to inadequate monitoring by the nursing staff and the woman suffered brain damage.
$6.7 Million
Attorney: John Power
Facts: A 24 year old man who was killed on an Illinois expressway after collisions with a car and commercial motor vehicle.
$6 Million
Attorneys: Mark E. McNabola and Jon C. Papin
Facts: This is a record amount according to the Jury Verdict Reporter. A teenager and her dad were injured in a motorcycle accident. The fifteen year old suffered a severe tibia fracture of her right ankle and has required multiple surgeries.
$6 Million
Attorney: Michael P. Cogan
Facts: As a result of obstetrician's failure to move forward with delivery in response to subtle irregularities in fetal monitor tracing, child was born oxygen deprived. Child was subsequently diagnosed with athetoid cerebral palsy.
$5.8 Million
Attorney: Mark E. McNabola
Facts: Two 17 year-old boys were killed when a wheel assembly dislodged from the axle of a semi-trailer truck. Our firm represented the family members of one of the two boys. The extent of liability insurance coverage for both families was six million dollars.
$5.582 Million
Attorney: Michael P. Cogan
Facts: A 5-1/2 month-old girl received an overdose of 3% sodium chloride at Roseland Hospital resulting in a permanent brain injury. The child was supposed to receive 50 ccs of a solution high in sodium but instead received almost 500 ccs, either at Roseland Hospital or in a Daley's Ambulance during transport to another facility. The child suffered swelling of the brain and resulting mental retardation.
$5.535 Million
Attorney: Mark E. McNabola
Facts: A 29 year-old girl suffered a fractured cervical spine and subsequently died when the car she was riding in crashed into a construction pit. The jury held the contractor liable for failing to place concrete barriers at the construction site. After a two-week jury trial, a Cook County jury returned a verdict in favor of the family.
$5.3 Million
Attorney: Mark E. McNabola
Facts: A 12 year-old girl was admitted into local Chicago hospital with a severe injury to her windpipe. Lawyers for the family alleged that the surgical residents failed to properly manage her airway, allowing the condition to deteriorate overnight and attempted to perform an intubation at bedside rather than in a controlled operating room setting. The girl died at the hospital. A Cook County jury returned a verdict in favor of the girl's family.
$5.06 Million
Attorney: John M. Power
Facts: A man underwent back surgery at Riverside Medical Center. Approximately 13 months following fusion surgery, he was asked to pull a sled with 170 pounds on it during a Functional Capacity Evaluation. He immediately herniated a disc above the fusion and required further surgery. The plaintiff previously settled with the doctor for $1.7 million on the day of the trial, bringing the total award to $5.06 million.
$5.005 Million
Attorney: Mark E. McNabola
Facts: Plaintiff employed by Will-DuPage Farm Service in Symmerton, Illinois (Will County), was unexpectedly sprayed in the face by anhydrous ammonia caused by a hose coupler failing to close properly. The incident left the plaintiff completely blind in his right eye and reduced his vision in his left eye to 20/200. Although the plaintiff is expected to undergo cornea transplants, the success of the transplants is somewhat doubtful due to the build-up of scar tissue. During the investigation, the coupler was thrown away. The primary cause of this action was based on spoliation of evidence against the insurance adjuster. According to the Jury Verdict Reporter, this is a record high result for this type of injury.
$5.0 Million
Attorney: Edward (Ted) McNabola
Facts: A settlement against a local hospital for alleged failure to diagnose fetal distress.
$4.9 Million
Attorney: Mark E. McNabola
Facts: A nine year old underwent a cardiac procedure and was told to return to normal activity after her recovery. She collapsed and died during gym class at her suburban grade school. The autopsy found that the cause of death was a burn on her heart made during the surgery.
$4.7 million
Attorney: Mark E. McNabola and John M. Power
Facts: A man was working on a ladder, painting a Chicago building, when his ladder came in contact with electrical wires. He suffered severe electric shock, broken ankles, ribs and a fractured back. An Illinois utility company, ComEd, was called four times before the incident to shut off the lines. The victim has undergone 12 surgeries, has trouble walking and has not been able to run his painting company since the accident.
$4.05 million
Attorneys: Michael P. Cogan and John M. Power
Facts: A woman was in a car accident and suffered an eye injury to her left orbital floor. A plastic surgeon incorrectly placed a titanium mesh and screws into the eye area. The patient suffered nerve entrapment and later required surgery to remove the plate and screws. She continues to suffer from left-sided facial pain and takes pain medication.
$3.7 million
Attorney: Michael P. Cogan
Facts: Following routine out-patient bunionectomy, orthopedic surgeon prescribed an excessive dose of extra-strength Vicodin. After ingesting the Vicodin as prescribed for three days, the 38 year-old suffered liver failure from Tylenol component of Vicodin and died.
$3.7 million
Attorneys: Edward (Ted) McNabola & Theodore Jennings
Facts: A 30 something woman was admitted to Illinois Masonic Hospital with complaints of chest pain and shortness of breath and scheduled for a stress test. The stress test was not completed due to complaints of chest pain and she was rescheduled for a stress test on an outpatient basis for the following week. She died at home a few days later from advanced coronary artery disease.
$3.5 Million
Attorney: Edward (Ted) McNabola
Facts: Mother presented for delivery of her child to The University of Chicago Hospital where physicians failed to properly assess fetal well being. The child was born severely brain damaged because of a delay in delivery and survived until May 20, 2002 before being taken off life supports. He is survived by his two brothers and his parents.
$3.4 Million
Attorneys: Edward (Ted) McNabola & Theodore Jennings
Facts: A woman went to her doctor for a routine colonoscopy. Bloodwork revealed that she suffered from kidney disease. The doctor instructed the woman to ingest a laxative before her colonoscopy that is widely known to pose a risk of kidney damage in patients with kidney disease. There is a safe alternative drug that poses no risk to the kidneys. The woman suffered kidney failure in the wake of her colonoscopy and required dialysis for 2.5 years.
$3.15 Million
Attorney: Edward (Ted) McNabola
Facts: Plaintiff underwent Lasik surgery by the defendant doctor. During the procedure, a complication occurred where the corneal cap detached from the eye. The defendant doctor failed to properly respond to this complication resulting in permanent partial loss of vision. As a result, the plaintiff lost his job as a Chicago police officer. Also, a settlement was reached with the manufacturer of the machine used during the procedure for an undisclosed amount.
$3.135 Million
Attorney: Mark E. McNabola
Facts: A 42 year-old man died of a heart attack when his family physician failed to recognize and treat his cardiac risk factors, which had been present for approximately three years.
$3.05 Million
Attorneys: Michael P. Cogan and John M. Power
Facts: Medical malpractice that resulted in cerebral palsy to a newborn infant when physicians failed to diagnose fetal distress.
$3.0 Million
Attorney: Michael P. Cogan
Facts: A 7 year old boy died after treatment at St. Francis Hospital. Doctors performed conscious sedation on the boy in conjunction with a lumbar puncture. He suffered respiratory arrest and died. A Cook County jury returned a verdict in favor of the boys mother.
$3.0 Million
Attorney: John M. Power
Facts: A woman was walking into a pool at the Westin Rio Mar Beach Resort in Puerto Rico when she slipped and fell on exposed concrete next to the pool. She underwent multiple surgeries due to a herniated disc, nerve damage and an obstructed bile duct.
$3.0 Million
Attorney: Michael P. Cogan
Facts: A medical malpractice suit against a Chicago doctor for failing to diagnosis colon cancer in a man in his forties. The patient was told on numerous doctor visits that he had hemorrhoids. He is now battling colon cancer and is considered pre-terminal.
$3.0 Million
Attorneys: John M. Power and Mark E. McNabola
Facts: A 60 year-old smoker with uncontrolled diabetes and severe peripheral vascular disease injured his ankle at work. An infection developed which was improperly managed, progressed and ultimately resulted in a below the knee amputation.
$3.0 Million
Attorneys: Mark E. McNabola and John M. Power
Facts: Plaintiff's automobile was struck by a taxicab and suffered permanent weakness in legs. Plaintiff had a blood alcohol level at the time of the accident between .082 and .107.
$2.7 Million
Attorney: Michael Cogan
Facts: Following a routine out-patient bunionectomy, an orthopedic surgeon prescribed excessive doses of extra-strength Vicodin. After ingesting the Vicodin as prescribed for three days, a 38 year-old suffered liver failure and died..
$2.6 Million
Attorney: Mark E. McNabola
Facts: A 52 year-old woman went to the hospital complaining of severe headache and vomiting. She was discharged and sent home. She returned to the hospital over the next four days where the neurologist missed signs of an internal carotid artery dissection. The patient suffered a stroke and suffers from partial blindness. This case was settled during trial.
$2.6 Million
Attorney: Michael P. Cogan
Facts: A 14 year-old girl was brought to the University of Illinois at Chicago with breathing problems, lack of an appetite and a history of blood in her sputum. After being treated and released, she was resubmitted one day later. Doctors diagnosed pneumonia and advised that there was a hole in her lung. Surgery was needed. She did not make it through surgery and died in the hospital.
$2.4 Million
Attorney: Michael P. Cogan
Facts: A 26 year-old woman was admitted to Columbus Hospital with known viral encephalitis. Medical personnel at Columbus Hospital failed to properly monitor electrolytes resulting in SIADH (syndrome of inappropriate antidiuretic hormone) induced hyponatremia with resultant brain edema, herniation, cardiac arrest, and death. She is survived by her husband.
$2.3 Million
Attorney: Mark E. McNabola
Facts: A woman was driving on I-88 when an upraised backhoe on a flatbed trailer hit the underpass and fell on top of her car. She was pronounced dead at the scene.
$2.25 Million
Attorneys: Michael P. Cogan and John M. Power
Facts: A mother gave birth at Sherman Hospital in Elgin and both she and the baby were released in good health. Two weeks later, the mother returned complaining that her baby was vomiting and not feeding well. The doctor examined the newborn and discharged him. The following day the baby was hospitalized again and died. A Kane County jury returned a record $2.25 million verdict which is a record high for a medical malpractice and wrongful death verdict or settlement in Kane County, according to the Jury Verdict Reporter.
$2.129 Million
Attorney: Mark E. McNabola
Facts: After seven days of jury trial, the parties agreed to settle a work injury case involving a reflex sympathetic dystrophy (RSD) injury to a 37 year-old man. The plaintiff slipped on an unnatural accumulation of ice and water at the Bismark loading dock at Navy Pier, fracturing his right leg. According to the Jury Verdict Reporter, this is the highest result on record for this type of injury.
$2.1 Million
Attorney: Michael P. Cogan
Facts: A woman went to Ingalls Hospital in labor and an examination found that the baby was likely breech. A difficult vaginal delivery resulting in a twenty-five minute delay with the baby's head stuck. The baby died 2 years later from complications resulting from this difficult labor.
$2.05 Million
Attorney: Michael P. Cogan
Facts: A 56 year-old husband and father was admitted to Lutheran General Hospital to determine cause of obstructive jaundice. After undergoing diagnostic ERCP, the plaintiff developed cholangitis (infection of bile duct) which went undiagnosed, and resulted in sepsis, septic shock, cardiac arrest, and the patient's death.
$2.03 Million
Attorney: Edward (Ted) McNabola
Facts: The case involved a 54 year-old husband and father, whose physician failed to timely diagnose and treat skin cancer that led to metastasis of the cancer and eventual death.
$2 Million
Attorney: Mark E. McNabola
Facts : A woman driving on I-80 was cut off by a truck driver, forcing her off the roadway. Her car flipped 5 times, causing serious injuries and the de-gloving of her right arm.
$2 Million
Attorney: John M. Power
Facts: On November 18, 2000, Christopher (Chris) Hayes was 43 years-old when he died as a result of positional asphyxia after falling from an Ol'Man Grand Vision deer hunting tree stand manufactured by L&L Enterprises, Inc., a Mississippi company. Plaintiff claimed the defendant should have provided a full body harness which would have prevented his death. According to the Jury Verdict Reporter, this is a record high settlement or verdict in a hunting accident.
$2 Million
Attorney: Michael P. Cogan
Facts: A 15 year-old was admitted to Riverside Medical Center in Kankakee, Illinois, following a motor vehicle accident which resulted in multiple fractures to the left leg. The patient was subsequently transported by Loyola University LifeStar Helicopter to Loyola where the patient died in surgery. The case involved the failure by physicians at Riverside, LifeStar transportation team, and physicians at Loyola to treat blood loss over time that ultimately resulted in death . According to the Jury Verdict Reporter, this is a record high settlement for death of a 15 year-old.
$1.920 Million
Attorney: Mark E. McNabola
Facts: A Cook County jury returned a verdict in favor of a 29 year-old carpet installer. He herniated two lumbar discs while working and had discectomy surgery. He reinjured his back while at an inappropriate work program, requiring the discs to be surgically fused together. The jury deliberated for five hours. According to the Jury Verdict Reporter, this is the highest result on record for this type of misconduct.
$1.9 Million
Attorneys: Michael P. Cogan and John M. Power
Facts: A 61 year-old smoker underwent a chest x-ray in April 1997, read as normal. X-ray was in fact abnormal resulting in an eighteen-month delay in the diagnosis, by which time lung cancer had spread to brain and bone.
$1.83 Million
Attorneys: John M. Power and Michael P. Cogan
Facts : A 27-year old woman went to Sherman Hospital in Elgin for a partial hysterectomy to treat endometriosis. During the procedure, a sponge was left inside her body. The infection led to further surgeries and the loss of part of her colon and all of her internal sex organs. This case resulted in a $1.305 million dollar record-high Kane County verdict. Our attorneys appealed, claiming that the jury failed to award certain damages. The case subsequently settled for $1.83 million.
$1.82 Million
Attorney: Mark E. McNabola
Facts: This case involved the Structural Work Act. A 39 year-old man sustained bilateral hip fractures, shoulder dislocation, and torn rotator cuff during a fall from inadequate scaffolding. The scaffolds were provided by various companies. The fall happened at One Kemper Drive in Long Grove. The lawsuit also claimed that the defendants improperly coordinated the subcontractors in allowing the installation of glass before the ironwork was completed.
$1.8 Million
Attorney: Mark E. McNabola
Facts: A Burlington Northern railway worker was injured when he was working underneath a train car. The train car crushed him and he suffered injuries to his shoulder, knees, hip and neck. The accident was caused by a miscommunication between employees and the company that managed railcar movements in the yard.
$1.8 Million
Attorney: Mark E. McNabola
Facts: A settlement against a furniture company in the case of a three year-old who died when a poorly-constructed dining room chair toppled over and broke his neck.
$1.8 Million
Attorneys: Adria Mossing
Facts: A 46 year-old man was diagnosed with coronary artery disease with a blocked artery. No surgical options could treat this. His physician used a therapy that is not approved by the FDA for heart disease. The patient died of a heart attack. Plaintiff's experts testified that the heart attack would not have happened if the patient was treated correctly. A Cook County jury returned the verdict in favor of the man's family.
$1.8 Million
Attorney: Mark E. McNabola
Facts: Plaintiff (Age 81) was struck by semi-tractor trailer resulting in multiple fractures. The defense had two witnesses who claimed the plaintiff walked into the back of the trailer while crossing mid-block outside the crosswalk.
$1.75 Million
Attorneys: Mark E. McNabola and Jon C. Papin
Facts: A mother took her five day old infant to the Emergency Department of Central DuPage Hospital with stomach pain. Doctors failed to timely diagnose the baby's twisted bowel and unreasonably delayed administering IV fluids, antibiotics and transfer to an institution with a pediatric surgeon. The child died the following day.
$1.75 Million
Attorney: Mark E. McNabola
Facts: A baby was admitted to Lutheran General Hospital at the age of eight days old. She required surgery due to a heart condition. During the surgery, the baby's anesthesia was mismanaged, she developed severe hypotension and died on the operating table.
$1.67 Million
Attorney: Mark E. McNabola
Facts: A college student suffered second and third degree burns on her hands, face, arms and chest in an incident at a campus bar at the University of Iowa. A bartender poured alcohol on the bar and lit it on fire. The flames went out of control and engulfed the victim, who also suffered an injured shoulder and broken nose as others tried to put out the flames. After a six-day trial, the jury returned a verdict in favor of the victim. According to the Iowa City Press-Citizen, the award is one of the largest in Johnson County history.
$1.6 million
Attorney: Edward (Ted) McNabola
Facts: A 55 year-old suburban mother and grandmother went to Christ Hospital in July 1999, complaining of constipation, abdominal pain and bloating. The victim specifically requested a pap smear and was not given one on that, or the next seven visits to the hospital. Upon finally receiving a pelvic exam months later, she was diagnosed with cervical cancer, underwent treatment and died in her home in less than two years later.
$1.5 Million
Attorney: Michael P. Cogan
Facts: A 20 year old woman went to Provena St. Mary's Hospital in Kankakee with back pain and a rash. Doctors failed to diagnose disseminated varicella zoster (chicken pox) that had spread to Michelle's liver as evidenced by mildly elevated liver enzymes. The misdiagnosis led to multi-organ failure and, ultimately, death.
$1.5 Million
Attorneys: Michael P. Cogan and John M. Power
Facts: The patient underwent surgery for a herniated disc. During the surgical procedure on the defendant, malpositioned a right L4-5 facet joint screw into the neuroformen causing impingement of the exiting L5 nerve root. The patient suffers from a permanent nerve injury
$1.5 Million
Attorney: Michael P. Cogan
Facts: No lawsuit was ever filed in this case. The plaintiff alleged that physicians at Tinker Air Force Base (Oklahoma City, Oklahoma) failed to detect fetal distress, resulting in oxygen deprivation and brain injury to F-newborn. The case involved the Federal Tort Claims Act (FTCA).
$1.5 Million
Attorneys: Michael P. Cogan and John M. Power
Facts: A 62 year-old male presented to the office of his cardiologist two weeks after undergoing open heart bypass surgery and there was noted swelling in his lower leg. The cardiologist attempted to rule in/rule out a deep vein thrombosis. He claimed that his physical examination was successful in ruling out the diagnosis of DVT. Two days later, the patient presented to a hospital with significant shortness of breath and died shortly thereafter of a pulmonary embolus. At autopsy, thrombi were found in both calves.
$1.425 Million
Attorney: Michael P. Cogan
Facts: A single mother was left with permanent cognitive dysfunction after attempted suicide. Her treating psychiatrist had previously terminated her treatment because the patient failed to pay an outstanding bill for services.
$1.2 Million
Attorneys: Michael P. Cogan and Patti Tuttle
Facts: A woman died after hernia surgery when the doctor failed to treat her for a risk of pulmonary embolism.
$1.2 Million
Attorney: John M. Power
Facts: Two teenage brothers were hit by a car while crossing in the crosswalk at Lane Technical High School in Chicago. The younger brother suffered a fractured leg and traumatic brain injury. The older brother suffered emotional distress from the incident.
$1.19 Million
Attorney: Edward (Ted) McNabola
Facts: A 45 year-old man was driving his motorcycle out of a Northshore parking lot when another vehicle drove so close to him that he lost control. There was no contact between the vehicles. The plaintiff suffered a severe hematoma on his right knee along with severe cuts/abrasions and swelling and injuries to his right ankle.
$1.0 Million
Attorney: Mark E. McNabola
Facts: A 48 year-old man died of a heart attack when his family physicians failed to recognize and treat his cardiac risk factors, which had been present for approximately two years.
$1.0 Million
Attorney: Michael P. Cogan
Facts: A 34 year-old man suffered a leg injury at work and underwent tests at Mercy Hospital. Doctors there failed to diagnosis an infection that was later detected at another hospital. He suffered severe muscle, tissue and scarring on his leg as a result of numerous surgeries undergone to treat the infection.
$1.0 Million
Attorney: John M. Power
Facts: A 47 year-old woman went to her doctor for three years with varying degrees of back pain. When she switched doctors, an MRI showed progressive problems with her spine and two operations were immediately performer. They found a vascular abnormality. The patient has constant back pain nerve damage.
$1.0 Million
Attorneys: Michael P. Cogan and John M. Power
This medical malpractice case involved the delay of diagnosis of colon cancer. The plaintiff experienced rectal bleeding for which he underwent two colonoscopies performed by his gastroenterologist. The doctor failed to detect colon cancer. The man was later diagnosed and treated for colon cancer. After undergoing a partial liver resection at the University of Chicago, there has been no recurrence of his cancer and his prognosis is positive.
