Arlington Heights, IL
Personal injury Lawyer at Arlington Heights, IL
Practice Areas: Personal Injury, Nursing Home Abuse and Neglect ... +3 more
OUTCOME: $1,945,000 settlement
5th grade student injured when a 18ft inflatable slide tipped over during an end of the year event at school, resulting in her suffering fractures of her arm and ankle, the latter injury progressing to ... complex regional pain syndrome (CRPS) following surgery.
OUTCOME: $5,511,567 Verdict
Defendant orthopedic surgeon failed to detect signs and symptoms of a deep vein thrombosis following a traumatic knee injury. As patient was being administered anesthesia for his surgical knee repair, ... he suffered a pulmonary embolism causing a lack of oxygen and brain damage. He died 6 days later, leaving a loving wife and two beautiful daughters.
OUTCOME: $450,000,00
15-year-old female sustained burns on her back when she fell out of bed and landed up against a baseboard heater. Her mother had been complaining to the landlord that the heating system in her unit was ... not working properly in that it would increase in temperature on its own, and that her winter electric bills were as high as $500/month. In the course of discovery, it was learned that there were other tenants with similar complaints. Due to a malfunctioning thermostat that could have ben replaced for only $30, the exterior surface of the baseboard heater became extremely hot and caused the severe burns.
OUTCOME: $400,000.00
An 81 yr. old female was being pushed in a wheelchair to her new room by a member of the nursing home's central supply staff. Contrary to requirements of the facility’s “Resident Transportation and Am ... bulation Policy, the wheelchair was not equipped with footrests. The staff member told N.C. to lift her feet and began pushing the wheelchair. When the staff member stopped, N.C. in part due to her poor vision put her feet down thinking they had reached their destination. When the staff member started pushing the wheelchair again, N.C.'s left foot was dragged under the wheelchair, thereby fracturing her distal femur
OUTCOME: $4.5 Million Settlement
25 year old woman's adrenal cancer went undiagnosed and untreated for 14 months due to doctor's neglect, thereby allowing cancer to spread.
OUTCOME: $2 Million
Defendant chiropractors and internist failed to diagnose M.R.'s cervical stenosis which developed into cervical spondylitic myelopathy and refer him for neurological evaluation and treatment. Instead, ... they attributed his severe neck pain to degenerative arthritis and his bilateral hand numbness to an abnormality of the ulnar nerve at the elbow called cubital tunnel syndrome. They failed to appreciate that the patient’s symptoms and complaints of bilateral paresthesias and dyesthesias indicated a central spinal problem rather than a peripheral nerve problem such as cubital tunnel syndrome. When they did finally refer him out on 9.11.00, it was to an orthopedic surgeon for elbow surgery. INJURIES: Worsening of cervical spondylitic myelopathy which caused permanent loss of fine motor control, permanent loss of efficient functional capability. abnormal gait due to loss of balance, difficulty in operating a motor vehicle, lack of sensation in his lower extremities, inability to be gainfully employed, loss of ability to enjoy sexual relations with his wife, inability to participate in activities with his two sons, difficulty in performing normal activities of daily living, and extensive surgical scarring on both sides of his neck The $2 Million recovery includes a significant portion for M.R.'s wife's loss of consortium claim.
OUTCOME: $1.95 Million
M.R. had always dreamed about having her own children. These dreams were shattered on June 11, 2001, when 28-year-old M.R. entered Gottlieb Memorial Hospital for surgical removal of a mass on her left ... ovary that had been discovered on a pelvic sonogram the previous February. When she woke up from surgery, she learned that her gynecologist had removed not only the ovary with the mass on it but also removed her right ovary, fallopian tube, and uterus. When M.R. sought follow-up treatment with a qualified gynecological oncologist, she learned that she had been unnecessarily sterilized. She also learned that the proper standard of care regarding a young woman who desired to have children in the future would have been for the doctor to perform a fertility-sparing procedure to remove the only affected ovary and tumor. The doctor she trusted to take care of her did not even have the requisite knowledge and experience necessary to handle her case. M.R.'s attorney, Jeffrey E. Martin of Levin & Perconti (Chicago) said, “According to his Operative Report, when the Defendant doctor opened up Miranda’s abdomen, he found a small amount of peritoneal fluid and sent it for a cytology exam to see if it contained any cancer cells. He took a biopsy of the tumor which had grown over the left ovary and sent it to pathology. The preliminary pathology report showed it was a “poorly differentiated tumor, probably granulosa cell tumor†[GCT]. Since M.R. wanted to preserve her fertility, the standard surgical intervention would have been to remove only the left ovary containing the mass, wait for the final pathology and cytology results, then discuss results and options with the patient. Unfortunately, the Defendant doctor performed a total abdominal hysterectomy (removal of uterus) and bilateral salpingo-oophorectomy (removal of both fallopian tubes and ovaries), thereby taking away M.R.'s ability to conceive, her option for in vitro fertilization, and throwing her into immediate premature menopause at age 28 without seeking any other medical advice.†Had the Defendant waited for the final pathology and cytology results, he would have learned that the mass was, in fact, a granulosa cell tumor and that the peritoneal fluid contained no evidence of cancer.†Instead of seeking an opinion from a gynecological oncologist that specialized in ovarian tumors, the Defendant testified that he relied on a pathologist to tell him what surgery was necessary. According to one of the Plaintiff’s expert, obstetrician-gynecologist Patricia Boatwright, M.D., “the thought process of a surgeon even being guided surgically by a pathologist on a frozen section in a 28-year-old is out of my realm of reality. A good pathologist is not going to tell me, Boatwright, this is what you do surgically.†Note that the pathologist denied ever telling the Defendant what procedure to do. Dr. Boatwright added: “You know, when we graduate, as physicians we are told ‘you do no harm.’ If you don't know, you do no harm, close the patient up. If you don't know, get some help, you do no harm.†As Martin was developing evidence in this case, he uncovered the fact that the Defendant had not seen a granulosa cell tumor since he finished his resident training in 1959 when he merely observed other doctors address 2 or 3 of these in women who were in their 40s and 50s. M.R. was the first patient upon whom the Defendant ever made the decision regarding the nature and extent of the surgery for a GCT. Martin also learned that it is typical for GCTs to originate on ovaries, a well known fact amongst experienced gynecological surgeons. Martin concluded, “Given his lack of experience with this type of tumor, the Defendant should have sought consultation from an experienced gynecological oncologist.
OUTCOME: $2.25 Million
Mr. Martin achieved a $2.25 million settlement against a Chicago hospital for failure to timely diagnose and treat an infection in a five-year-old boy who was recovering from leukemia.
OUTCOME: $1.03 Million verdict
CHICAGO, IL-Jeffrey E. Martin of the Chicago law firm, Levin & Perconti received good news for his client, 10-year-old Julissa Arias of Arlington Heights and her family. Today, September 27, 2007, the ... First District Appellate Court issued its order denying the appeal of Dr. Carey Bacalar (Hoffman Estates) from a jury verdict of $1.03 Million in favor of Julissa Arias and her mother, Helia Arias and affirmed the accuracy of the ruling made by Trial Judge Patricia Banks back in July 2006 that barred the testimony of defense witness biomechanical engineer Michele Grimm, PhD. According to Julissa’s attorney, Jeffrey Martin, “In July 2006, a jury found that during the birth of Julissa Arias on April 25,1997, the defendant obstetrician failed to use appropriate maneuvers and applied excessive force upon her head, thereby permanently damaging her right brachial plexus.†Martin added, “The jury found that the injury was caused by Dr. Bacalar failing to follow proper medical procedures once he encountered shoulder dystocia (a condition in which the baby’s right shoulder became stuck behind her mother’s pubic bone). The defense sought to have one of their experts, Professor Grimm testify that the injury was caused by internal forces during the birth process before Dr. Bacalar ever placed his hands on the baby.†In commenting on the Appellate Court’s decision, Martin stated: “The First District’s decision demonstrated that Professor Grimm’s testimony was barred for good reason. Her opinions were based on a modified version of a computer model originally designed to reconstruct forces present in automobile collisions. She claimed that since her computer model showed the forces of maternal contractions and pushing during birth was greater than any force generated by physician actions, the injury was caused before Dr. Bacalar ever touched the baby.†Martin went on to say, “However, the Appellate Court noted that Professor Grimm’s opinions were not reliable. The computer model failed to consider a number of factors that are part of the normal delivery process. Grimm’s model used goat neck and rabbit nerve data to represent a human baby’s anatomy. In her deposition, Grimm admitted that her model did not recreate the actual forces present in Julissa’s delivery. Despite Grimm’s testimony being barred, Judge Banks allowed this defense theory to be discussed at trial by Dr. Bacalar, his expert obstetrician, and on cross examination of Plaintiff’s expert obstetrician. The jury rejected that argument. For that reason the Appellate held that even if Judge Banks’ ruling was incorrect, it did not prejudice Dr. Bacalar’s opportunity to have his argument heard.†Julissa Arias has undergone numerous surgeries and therapy sessions in trying to regain function in her right arm and shoulder. “Although Helia Arias has waited over a year for the Defendant’s post-trial motions and appeal to be completed, she can now breathe a sigh of relief knowing that her daughter’s verdict will not be taken away. The Arias family has shown terrific faith in the trial by jury system,†said Martin, “along with confidence that the truth would finally be proved.†When Martin called Helia to deliver the good news this morning, she was overjoyed. Arias said, “Thank you, thank you, thank you to the jury, the Court and Jeff Martin. This is one of the happiest days in my life. After nine years of surgeries, therapies and learning to live with her disability, Julissa has gotten the justice she deserves. Her future is finally safe and secure.†Arias added, “Jeff Martin has been our angel –patient and caring throughout this whole ordeal. All he ever wanted was justice for our family.†â€My mom prayed so hard for Julissa’s future to be in good hands. I can’t wait to call her to give her the news, said Helia Arias.†####