Attorney Stephen Duane Phillips's Legal Cases

Medical malpractice

_____v. Methodist Medical Center of Illinois, et al.

Nov 01, 2011

OUTCOME: $17,500,000.00

In April 2004, Nichols, 36, went to Methodist Medical Center of Illinois in Peoria for surgery to repair a large hernia. At the time, Nichols stayed at home with his three children. The surgeon, ... Dr. Rodney McCalla, who completed his residency nine months earlier, never operated on a large hernia. McCalla decided to perform laparoscopic surgery on Nichols' hernia, despite not the hospital not giving him privileges to perform interventional laparoscopic procedures. During the surgery, McCalla allegedly injured Nichols' bowel, resulting in a perforation that in the following days led to an abdominal infection. Nichols later went into shock, became blind and required a colostomy bag. Five days after the surgery, hospital nurses concerned about Nichols' deteriorating condition, called McCalla five times over about 10 hours and asked him to come to the hospital. McCalla never went to the hospital. Nichols remained hospitalized for two-and-a-half months at Methodist Medical Center and his medical bills totaled about $2 million. Nichols underwent two hip replacement surgeries due to the infection and uses a wheelchair and colostomy bag. The lawsuit alleged that McCalla failed to perform the proper procedure on Nichols, failed to properly follow his patient's care after the surgery and failed to recognize and treat signs of infection. The complaint also asserted that the hospital failed to properly supervise McCalla and the nurses failed to notify their supervisors or any other doctor of Nichols' declining condition or McCalla's unwillingness to come to the hospital. Under the settlement, Methodist Medical Center will pay a total of $13.5 million, including $3 million of its own money and $11.5 million covered by insurance. An insurer will pay $2 million each on behalf of McCalla and his employer at the time of the surgery, Associated Surgical Group S.C. "He's still a father of three young children," Phillips said of Nichols. "I know he would give every penny (of the settlement) back, plus $100 million more to get his health back."

Medical malpractice

Proietto v. County of Cook, John Stroger Hospital, Et.al.

Jan 06, 2010

OUTCOME: $2,000,000 Settlement

A 52 year old Polish Immigrant man had a heart attack and was brought to Stroger Hospital in Chicago. The Doctors at Stroger tried unsuccessfully to re open his obstructed cardiac artery with an angiop ... lasty. Thereafter he was scheduled for a cardiac bypass surgery which was to be performed 3 days later. On the morning of surgery the cardiac surgery was cancelled and the man was discharged from the hospital with instructions to follow up with his doctors as an outpatient and they would determine if cardiac surgery was necessary. Our clients husband did follow up with two outpatient visits but died of another heart attack 31 days after his discharge. We were able to show that there was no valid reason to not perform the surgery and that had he had the surgery he would have a near normal life expectancy.

Personal injury

_____ vs. PWC

Nov 30, 2009

OUTCOME: $10,000,000.00 Settlement

Accounting Malpractice $10 million settlement

Medical malpractice

Blake v. CONFIDENTIAL HOSPITAL

Aug 17, 2009

OUTCOME: $2,400,0000 Settlement

On December 24, 2007, Plaintiff, age 2, was brought to the emergency room for complaints of a fever, lethargy, and limpness. Plaintiff was diagnosed with a viral upper respiratory infection and disc ... harged from the emergency room to his home. On December 25, 2007, Plaintiff was brought back to the emergency room wherein he went into respiratory collapse and then died due to an infection in his heart. The defense claimed that the condition that caused the child’s death often mimics the common cold and could not have been diagnosed. They also claimed that the heart infection was not treatable so there was nothing that could have with been done to help the child. Stephen Phillips, who handled the case, convinced the defense that he could prove that the child should have been treated more aggressively at the initial emergency room visit. He also retained the Chief of Pediatric Critical Care and Chief of Pediatric Heart Surgery at a Major Medical Institution to support the plaintiffs claim.

Personal injury

Naranjo v. Accent Flooring and Village Carpentry & Remodeling, Inc.

Dec 03, 2008

OUTCOME: $900,000.00 SETTLEMENT

On December 3, 2008, the claim of Victor Naranjo v. Accent Flooring and Village Carpentry & Remodeling, Inc. was settled in the Circuit Court of Cook County before the Honorable Judge Jennifer Duncan-B ... rice for $900,000.00. Mr. Naranjo, age 37, a tile setter on a construction site involving a single family home was descending a set of stairs from the second floor to the first floor with materials as the staircase collapsed beneath him causing him to fall approximately ten (10) feet to the basement below. Mr. Naranjo sustained a traumatic head injury which injured his optic nerve to his right eye and caused him to suffer vision loss in that eye. Mr. Naranjoâ€™s eye sight today in his injured eye is 20/400 which is described as â€œlegally blind.â€ Mr. Naranjo speaks limited English so his eye sight is vital to his earning capacity as an unskilled laborer. The defendant, general contractor, Village Carpentry & Remodeling, Inc., alleged that the stairs had been moved and not re-secured properly the night before by the flooring subcontractor who was finishing the floor. The defendant, Village Carpentry & Remodeling, Inc. was represented by William P. McElligott, Esq. with Leahy, Eisenberg & Fraenkel, Ltd. The defendant, Accent Flooring Corporation was represented by Richard J. Aronson, Esq. with Bruce Farrel Dorn & Associates. Mr. Naranjo was represented by Stephen D. Phillips of Phillips Law Offices.

Medical malpractice

Blutcher v. Roseland Community Hospital

Nov 05, 2008

OUTCOME: $3,186,047.00

A Cook County jury reached a verdict awarding $3,186,047.00 in a medical malpractice case brought by a former attorney against Roseland Community Hospital. David Blutcher, a 37 year old attorney, ... went to Roseland Community Hospital on July 1, 1995, with complaints of shortness of breath. While there, he had an onset of chest pain that went untreated and untested until he was transferred to another hospital five hours later. Plaintiff alleged that the hospital was negligent in its care and also negligent in credentialing the emergency room physician. After being transferred to the other hospital, he received anticoagulants that relieved his pain and opened his blocked heart vessel. According to Blutcherâ€™s attorney, Stephen D. Phillips of Phillips Law Offices, the jury found that additional damage done to the heart by the delay caused a clot to form in the heart which was thrown to the brain, resulting in a stroke in December 1997. That stroke caused speech deficits that have left him unable to engage in his former law practice. The trial was presided over by Judge Allen S. Goldberg of the Law Division in the Circuit Court of Cook County. Mr. Blutcher was also represented at trial by Charles Hornewer and Terrence Quinn of Phillips Law Offices. Roseland Community Hospital was represented by David Loughnane and Carl Schultz of Johnson & Bell, Ltd.

Wrongful death

Wilkes v. County of Cook d/b/a Provident Hospital

Jul 29, 2008

OUTCOME: $2,850,000 Settlement

The family of a 50 year old man who died after complications of a stroke experienced after colon surgery will receive a $2.85 million settlement in a medical negligence case. After experiencing a t ... ransient ischemic attack, Darryl Wilkes was treated at Provident Hospital, where he was also diagnosed with colon cancer. He was discharged with only aspirin as treatment for his TIA. Two weeks later when he returned for colon surgery, he experienced a post-operative stroke. The doctors at Provident allowed him to deteriorate in the Intensive Care Unit without arranging for transfer to a facility with neurosurgical access. As a result, the patientâ€™s brain began to herniate. Only then was he transferred to the University of Chicago Hospital where he underwent surgery to attempt to decompress the brain. He died two weeks later. The case, Wilkes v. County of Cook, 05 L 007314 was pending before Judge Lynn M. Egan, who has dismissed the case pursuant to the settlement agreement. The Wilkes family was represented by Charles Hornewer and Stephen Phillips of Phillips Law Offices. Assistant Stateâ€™s Attorney Andrew Creighton represented the County of Cook.

Personal injury

CONFIDENTIAL

Jun 28, 2008

OUTCOME: 3.25 Million Dollars Settlement

Stephen Phillips gets justice for the family of a 13 year old boy who died as a result of a police officer who interfered with the provision of Cardiopulmonary resuscitation to the child. Steve Phi ... llips recovered 3.25 million dollars for the family of 13 year old boy who suddenly collapsed while playing on the lawn of one of his neighbors. Immediately after he collapsed, a neighbor started CPR. When the police arrived in response to a 911 call the neighbor stepped aside expecting the police officer to continue CPR. Not only did the police officer fail to perform CPR but also prevented the neighbor from resuming CPR. As a result the child went without oxygen until the paramedics arrived. The lack of CPR also made it more difficult for the paramedics to shock the boys heart and regain a normal heart rate. The laws in Illinois immunize police officers for a wide variety of conduct and this case presented an enormous challenge to bring a claim that would not be precluded by those laws. Stephen Phillips was able to frame the case in a manner in which the parents claim for this terrible tragedy would be heard by a jury under a standard of conscious indifference for the life of the child----a much higher standard for Steve to prove other than simple negligence but nonetheless something which would get this case before a jury. Stephen was able to convince the defendants that this case would not be immunized by the Laws in the state of Illinois and was able to procure this settlement just prior to trial.

Trucking accident

Orseno vs. Circle W Tractor & Equipment, et al.,

N/A

OUTCOME: $2.7 million

This case involved a retired man who was driving his truck on a two lane roadway when a small lawn and garden equipment trailer broke loose from the vehicle which was towing it across the center line a ... nd struck the plaintiff head on causing significant fractures.

Medical malpractice

Thomas v. Columbia Michael Reese Hospital, et al.,

N/A

OUTCOME: $2.8 million

This case involves a lady who died following a minor neck surgery.

Stephen Duane Phillips's Legal Cases (25)

_____v. Methodist Medical Center of Illinois, et al.

Proietto v. County of Cook, John Stroger Hospital, Et.al.

_____ vs. PWC

Blake v. CONFIDENTIAL HOSPITAL

Naranjo v. Accent Flooring and Village Carpentry & Remodeling, Inc.

Blutcher v. Roseland Community Hospital

Wilkes v. County of Cook d/b/a Provident Hospital

CONFIDENTIAL

Orseno vs. Circle W Tractor & Equipment, et al.,

Thomas v. Columbia Michael Reese Hospital, et al.,