Attorney Craig P. Mannarino's Legal Cases

Medical malpractice

Martinez v. Robertson, et. al.

Nov 03, 2015

OUTCOME: $10M settlement for Plaintiff

On July 5, 2005, a nine-month-old girl underwent a surgery at University of Illinois at Chicago Medical Center (UIC) to repair a congenital heart defect. During this surgery, a central line was placed ... into her right atrium. Four days later, in preparation for discharge, this line was to be removed. The surgeon ordered a sedative (versed) to be administered for removal of the line. Just prior to the removal, Defendant Nurse Elizabeth Robertson administered versed and flushed the central line. The surgeon then removed the line. Immediately following the administration of versed and removal of this catheter, the infant suffered a massive air embolism which resulted in a bihemispheric cerebral infarction (stroke). As a result of the air embolism and resulting infarction, she is spastic quadriplegic and cortically blind. Combined, the parties disclosed 22 retained expert witnesses and more than 30 treating physicians. Plaintiff’s experts opined that the UIC nurse likely injected air into the central line. Nurse Robertson’s experts blamed the surgeon and argued that the infant would not have been a normal child because of her chromosomal abnormality, DiGeorge Syndrome, and her history of Group B Streptococcus meningitis and seizures after birth. The defense experts opined that the infant would have had severe neurologic deficits and cerebral palsy absent the air embolism because she had pre-existing imaging abnormalities of her brain and severe global developmental delays. While Plaintiff’s experts agreed the infant would not have been a normal child absent the air embolism, they nevertheless opined that there was a dramatic change in her condition following the air embolism. The case proceeded to trial in October 2015. After two days of pre-trial motions, we obtained a $10M settlement.

Medical malpractice

Mossberger v. Midwest Respiratory

Sep 10, 2013

OUTCOME: $1M verdict for Plaintiff

On July 12, 2007, Joan Mossberger, went to her primary care physician for pre-operative clearance for cataract surgery. As part of his workup, he ordered a chest x-ray and a pulmonology consult with Dr ... . Garapat at Midwest Respiratory. Ms. Mossberger saw Dr. Garapati on July 13, 2007. The following day, Ms. Mossberger underwent a chest x-ray at Silver Cross Hospital, which showed an approximately 2 cm suspicious mass. On August 10, 2007, Ms. Mossberger returned to see Dr. Garapati, at which visit he ordered a pulmonary function test. Ms. Mossberger completed the pulmonary function test on September 17, 2007, and returned to see Dr. Garapati two days later. Another follow-up visit with Dr. Garapati was scheduled for December 19, 2007. On December 17, 2007, the July 2007 chest x-ray was faxed to Midwest Respiratory. Rather than being given directly to Dr. Garapati, the report was attached to Ms. Mossberger’s chart in preparation for her upcoming visit. When Ms. Mossberger missed the appointment, her chart with the abnormal chest x-ray results attached to it, was returned to the file drawer. The following year, Ms. Mossberger returned to Dr. Garapati complaining of increased shortness of breath. At this office visit, Dr. Garapati first saw the results of the July 14, 2007 chest x-ray. A week later, a CT scan revealed that the mass had grown to over 7cm and a biopsy confirmed it was squamous cell carcinoma of the lung. While the 2 cm mass first seen on the July 2007 chest x-ray would have placed Ms. Mossberger at Stage 1a or 1b and given her the potential for surgical resection and cure, by September 2008 when the mass had grown to over 7 cm, she was diagnosed at Stage 3b and surgery was no longer an option. Despite chemotherapy and radiation, Ms. Mossberger died on July 29, 2009. The case proceeded to trial in Will County, Illinois, in September 2013. The jury awarded $1,000,000 to the family of Joan Mossberger.

Medical malpractice

Kostal v. Pinkus Dermatopathology

Sep 25, 2012

OUTCOME: $3.25M verdict for Plaintiff

On December 3, 2001, Dawn Kostal underwent a biopsy for two skin lesions which had recently developed. The biopsy specimen was sent to Pinkus Dermatopathology Laboratory, S.C., where it was read by Dr ... . Darius Mehregan. Dr. Mehregan read and reported the specimen as squamous cell carcinoma of the keratoacanthoma (KA) type. Ms. Kostal underwent total excision of the lesions, a standard treatment for KA. In late January 2002, Ms. Kostal developed migraine-like pain in her forehead as well as back pain. Ms. Kostal’s back pain increased and she went to the emergency department of Palos Community Hospital on February 5, 2002. At Palos, an MRI was obtained which showed destruction of her spine. Biopsies of the eroded vertebrae were obtained which revealed blastomycosis. Palos pathologist, Dr. Ruby, requested the slides from Pinkus to determine if in fact the patient ever had KA or if the blastomycosis was missed on the December specimen. Upon review, Dr. Ruby determined that the diagnosis of KA was incorrect and the correct diagnosis was blastomycosis. As a result of her significant bony erosion in her spine, Ms. Kostal required a fusion from T4-L1, which utilized a rib graft and instrumentation. Ms. Kostal was unable to return to work. Plaintiff contended that Dr. Mehregan, as agent of Pinkus, was negligent in incorrectly diagnosing the biopsy specimen. The defense contended that while Dr. Mehregan incorrectly diagnosed the biopsy specimen, he had complied with the standard of care. The defense further argued that Ms. Kostal had been experiencing back pain as early as October, evidencing that the fungal infection had already begun to erode her spine and eliminating causation as to the pathology diagnosis reported in December. The case proceeded to trial in September 2012. The jury awarded Ms. Kostal in excess of $3 million dollars.

Construction and development

Calloway v. Bovis

Jan 27, 2011

OUTCOME: $8.5M verdict for Plaintiff

On June 6, 2005, two workers, Herman Calloway, Sr. and Herman Calloway, Jr. (father and son), were working at the bottom of a 12-14 foot deep trench, installing storm pipes on a construction project ma ... naged by Bovis Lend Lease. Because this trench was greater than 5 feet deep, OSHA requires that the trench be protected from cave-in by some form of support. Typically this would involve the use of a trench box, a large steel frame that can prevent the side walls from collapse. On this day, however, two problems precluded use of the trench box: (1) a manhole structure that did not afford enough room to fit the box in the trench, and (2) a buried ComEd line that could cause electrocution if it touched the metal trench box. Contrary to OSHA guidelines and Bovis’ own site-specific safety plan, no substitute protection system was used. Two Bovis superintendents had been standing beside the unprotected trench observing the Calloways working in the trench without sufficient shoring prior to the collapse. Neither stopped the work or told the men to place proper shoring. The east wall of the trench caved in, burying the Calloways alive. More than an hour after the collapse, fellow workers and fire and rescue personnel were able to extricate Herman, Jr. from the trench. His pelvis was crushed and he was airlifted to the hospital in critical condition. After the extrication of Herman, Jr., the search and rescue mission shifted to recovery mode for Herman, Sr., who died in the trench. After multiple surgeries and prolonged hospitalization, Herman, Jr. is able to walk short distances with the assistance of a cane, but remains permanently disabled from any type of work. Bovis was sued for construction negligence, failing to ensure workplace safety. The case proceeded to trial in January 2011. The jury awarded Herman, Jr. in excess of $8 million dollars.

Medical malpractice

Smola v. Sheedy

Nov 10, 2010

OUTCOME: $2.35M verdict for Plaintiff

On April 1, 2004, James Smola tore his left distal biceps tendon while working as a maintenance mechanic for UPS. He sought treatment from the Defendant orthopedic surgeon, Dr. Sheedy, who recommended ... surgical reattachment of the tendon. On April 14, 2004, Dr. Sheedy performed the surgery to reattach Mr. Smola's biceps tendon. During the surgery, Dr. Sheedy observed some unexpected bleeding. Because he could not find the source of the bleeding, Dr. Sheedy called for a vascular surgery consult. The vascular surgeon, Dr. Irene Goldstein, came to the operating room and also observed extensive arterial bleeding. After performing an angiogram, Dr. Goldstein discovered that Mr. Smola's ulnar artery had been transected. Because Dr. Goldstein was only able to find one end of the transected artery (the distal stump had vasospasmed and retracted), she could not repair the artery and simply tied it off. As a consequence of the vascular injury, Mr. Smola suffered a period of ischemia which led to permanent median nerve damage and complex regional pain syndrome (CRPS), formerly known as reflex sympathetic dystrophy (RSD). While Mr. Smola's median nerve injury is likely permanent, his CRPS was treated and has gone into remission, with the possibility of exacerbation in the future. Plaintiff alleged that Dr. Sheedy was negligent in transecting the ulnar artery and failing to protect the arteries during the biceps tendon repair surgery. The defense argued that the ulnar artery had not been transected and, if the artery was transected, then Dr. Goldstein must have cut it. The defense further argued that if Dr. Sheedy did transect the ulnar artery, this was a known risk of the procedure and did not result from any negligence. The case proceeded to trial in November 2010. The jury awarded Mr. Smola in excess of $2 million dollars.

Medical malpractice

Larson v. Miller, M.D.

Apr 19, 2010

OUTCOME: $1.75M verdict for Plaintiff

76 year old plaintiff suffered permanent blindness in one eye as a consequence of negligence in the performance of a glaucoma surgery. The plaintiff alleged and the jury found that despite the plainti ... ff's advanced glaucoma she should not have been subject to the high risks of performing an intraocular surgery given that her glaucoma had been relatively stable for several years.

Medical malpractice

Suera v. Heller, et. al.

Dec 17, 2008

OUTCOME: $4.8M verdict for Plaintiff

Verdict for the Plaintiff in this wrongful death case. The defendant anesthesiologist improperly inserted an endotracheal tube into the decedent's esophagus and failed to recognize this improper place ... ment leading to death.

Craig P. Mannarino's Legal Cases (7)

Martinez v. Robertson, et. al.

Mossberger v. Midwest Respiratory

Kostal v. Pinkus Dermatopathology

Calloway v. Bovis

Smola v. Sheedy

Larson v. Miller, M.D.

Suera v. Heller, et. al.