Favorable Outcomes

​A legal challenge is a very fluid situation, and it’s important to have an experienced and responsive team on your side that can take advantage of missteps from plaintiff counsel, identify a new fact that may be the basis for a dismissal, or simply negotiate an outcome that is favorable to you or your organization. Our attorneys have considerable experience in negotiating and identifying opportunities, with a very high percentage of cases resulting in a favorable outcome for our clients.

Client: Hospital
Trial Attorneys: Amy L. Garland / Laura J. Young
Result: Summary Judgment for Defendant Hospital

​Synopsis: Plaintiff filed a lawsuit in Lake County alleging injuries due to an allergic reaction either from a latex catheter or the administration of Dilaudid after surgery. After plaintiff’s expert deposition, defendant hospital brought a motion for summary judgment arguing that plaintiff did not meet their burden of proof to establish that the hospital, through its agents and employees, deviated from the standard of care. Defendant Hospital also argued that plaintiff did not establish causation. In addition, plaintiff failed to elicit any evidence of institutional negligence and also failed to establish that the defendant doctor was the apparent agent of the hospital. The Judge agreed with defendant hospital and summary judgment was granted. The case remained pending against the defendant physician.

Client: Pediatrician
Trial Attorneys: Lisa M. Green / Michael M. Rohde
Result: Case Dismissed

​Synopsis: Plaintiff filed a lawsuit alleging a brachial plexus injury caused by alleged negligence. After significant discovery proceeded, a Motion to Dismiss was filed on behalf of the defendant pediatrician. This Motion used evidence gathered over the years to outline why the case had no merit. Two weeks after the Motion was filed, the plaintiff dismissed the case.

Client: Neurologist
Trial Attorneys: Michael C. Kominiarek / Lisa M. Green
Result: Case Dismissed

​Synopsis: A pro se plaintiff filed a medical negligence action against many defendants, alleging that they colluded against the plaintiff to hide fault, that they performed an experimental procedure on the plaintiff without telling her, and further alleged many wrongdoings not supported by any evidence. Every level of the state courts dismissed the Complaint. Amazingly, the plaintiff took it to the U. S. Supreme Court, which promptly denied the writ of certiorari, and denied the plaintiff any further avenue of appeal.

Client: Advanced Practice Nephrology Nurse and Nephrology Corporation
Trial Attorneys: Mary M. Cunningham / Erin S. Davis
Result: No payment made despite settlement with other parties for over $3 million

​Synopsis: Plaintiff filed a lawsuit after her mother entered defendant hospital’s emergency room acutely ill with thrombotic thrombocytopenia purpura (TTP). She was found to have a platelet level of 5,000, and acute plasmapheresis was ordered. Despite ordering the acute plasmapheresis, the blood bank failed to thaw the product in time, the outside provider for the pheresis failed to show up in a timely manner and the hospital itself did not provide the required type and cross match in a timely manner. The hospital settled for $2.5 million, the plaintiff voluntarily dismissed the case and then refiled it against the remaining defendants. After continued expert discovery, the plaintiff settled the case with other parties for an additional several thousand dollars. The Advanced Practice Nurse who worked to facilitate the acute plasmapheresis paid nothing and was dismissed with prejudice.

Client: Major Academic Hospital
Trial Attorneys: Mary M. Cunningham / Erin S. Davis
Result: Motion to Dismiss based on the Statute of Limitations is granted

​Synopsis: The plaintiff, unidentified female, claimed against many academic and religious institutions, failure to appropriately act, causing unwanted sexual conduct by a defendant clinical psychologist for over three years. Well after the original complaint was filed, the plaintiff filed against the Academic Institution, for medical malpractice only. The Academic Institution filed a Motion to Dismiss the case based on the Statute of Limitations, claiming that the patient/plaintiff knew or should have known at all times, especially at the time she originally filed her lawsuit of the alleged relationship between the defendant and the Academic Institution, such that her complaint was not timely filed. As there was ample evidence in the medical records that she produced to suggest her knowledge of this, the Motion was granted.

Client: Family Practitioner
Trial Attorneys: Mary M. Cunningham / Laura J. Young
Result: No payment made after case pending for ten years

​Synopsis: Plaintiff was an elderly woman who sustained a stroke during a surgery for an enlarging aortic aneurysm in 2001, and filed a lawsuit in 2003. Three years later she died. Her husband brought another lawsuit against other entities for her death in 2007, and the lawsuits were consolidated. The lawsuit was litigated and voluntarily dismissed on the eve of trial. It was refiled in 2011. The plaintiff alleged that the family practitioner failed to protect the deceased against a known carotid stenosis, despite admission to the hospital for a small bowel obstruction where she died after surgery for a strangulated hernia and small bowel obstruction. Eventually, the plaintiff took a cost of defense settlement from one of the original parties, and dismissed all others. The family practitioner paid nothing and was dismissed with prejudice.

Client: Infectious Disease Consultant
Trial Attorneys: Mary M. Cunningham / Erin S. Davis
Result: No payment made despite settlement with other parties for Ten Million Dollars

​Synopsis: Plaintiff, age 31,was seen in Defendant Hospital’s Emergency Department complaining of back pain and leg weakness; he developed progressive ascending paralysis and fever. Chest x-ray and CT to rule out Ascending Aortic Aneurysm were negative. MRI of the thoracic spine was negative for compressive lesion, but suggested that transverse myelitis could not be excluded. Neurology and Infectious Disease were called, and antibiotics and steroids were administered. Before admission, the plaintiff became a-reflexive. Surgery days later confirmed epidural infection. The plaintiff alleged that the parties’ failure to diagnosis an epidural abscess resulted in permanent paralysis, and loss of a normal life. After being sent out to trial, the parties entered into negotiations which resulted in a ten million dollar settlement. The Infectious Disease consultant paid nothing, and was dismissed with prejudice.

Client: General Surgeon
Trial Attorney: Martin B. Bresler / Thomas M. Harvick / Laura J. Young
Result: $731,563 ($108,257 medical expenses; $23,306 LT; $125,000 pain & suffering; $400,000 past and future loss of normal life; $75,000 disfigurement); Hospital settled out midway through trial for $150,000; Net verdict $581,563

​Synopsis: Plaintiff underwent a laparoscopic cholecystectomy at Hospital in Chicago on Feb. 23, 2004. During the surgery, her common bile duct and right hepatic artery were damaged, requiring the surgery to be converted to an open procedure to remove the gallbladder and attempt to stop the bile leakage. Plaintiff continued to suffer from bile leakage following the surgery, resulting in a Roux-en-Y anastomosis surgery with a larger surgical incision in April 2004. She developed neuromas along the surgical site and also developed abdominal wall pain syndrome which was not properly treated until 2008. The defense contended common bile duct injury is a known risk of the procedure, this risk was disclosed to the plaintiff before the surgery, and the bile duct injury was detected during the surgery and immediately repaired. The defense disputed the injury to the right hepatic artery, although the surgeon who performed the subsequent Roux-en-Y testified he found a surgical clip on the hepatic artery which appeared to be an unintentional and unexpected placement during the initial surgery. Plaintiff’s last pretrial demand was $1,400,000.

Client: Attending Physician
Trial Attorney: C. Thomas Hendrix
Result: Dismissal with prejudice after defendant’s Motions in limine barring plaintiff’s experts from testifying were granted by the court

​Synopsis: Plaintiff alleged that defendant attending physician improperly consulted a general surgeon to place a central venous line in the groin, rather than consulting a vascular surgeon, and failed to diagnose and treat an infection of a groin hematoma which developed after the attempted placement of the central venous line causing death of the patient. Plaintiff’s case against the defendant attending physician was dismissed with prejudice after defendant’s Motion in limine barring plaintiff’s pulmonary/internal medicine expert from testifying because there was no proximate cause, and barring plaintiff’s infectious disease expert from testifying against the defendant because there was not a sufficient basis under the evidence to allow the expert to render standard of care opinions against the attending physician. The case went to trial against the remaining defendants, and a jury returned a verdict in favor of all defendants.

Client: Internist
Trial Attorney: Randall J. Gudmundson / Lisa M. Green
Result: Voluntarily Dismissed

​Synopsis: Plaintiff, a 72 year old male, suffered from multiple medical conditions, including but not limited to: end-stage renal failure, diabetes, congestive heart failure, an ejection fraction of 25% or less, hypertension, coronary artery disease, and cardiac arrhythmia. He had previously had a stroke. Due to the end stage renal failure, an AV fistula was established for dialysis access. During dialysis, the vein was punctured and the patient bled from the fistula into subcutaneous tissue. Plaintiff then went to the hospital, where he came under the care of the defendants. Plaintiff was hypovolemic and had questionable myocardial infarction. He was resuscitated, stabilized over the next week, dialyzed several times, and then discharged. Defendant had plaintiff consult with a cardiologist, who recommended angiography, but the plaintiff refused. He was discharged, placed on dialysis at the previous dialysis center, and shortly thereafter sustained an arrest and died. Plaintiff claimed defendant negligently discharged the patient. Defense counsel filed motions to bar plaintiff’s expert from testifying concerning issues of causation. Judge Simmons was prepared to bar any such testimony, when plaintiff moved to voluntarily dismiss the matter. Has not been refiled.

Client: Orthopedic Surgeon
Trial Attorney: Michael C. Kominiarek
Result: Voluntary dismissal after rulings on Motions in limine

​Synopsis: Plaintiff alleged failure to detect the signs and symptoms of a DVT during an office visit for follow up of another orthopedic problem. Two days later Plaintiff was admitted to the hospital and diagnosed with a pulmonary embolus which required extensive anticoagulation. Plaintiff developed hemorrhaging as a result of the treatment which required the anticoagulants to be discontinued and a Greenfield filter inserted. Plaintiff developed other complications and died from what was alleged to be a pulmonary embolus. However, Defendants’ experts were prepared to testify that she died as a result of complications from the bleeding and not a pulmonary embolus which led in part to Plaintiff voluntarily dismissing the case.

Client: Orthopedic Surgeon
Trial Attorney: Michael C. Kominiarek / Sherry A. Mundorff
Result: Not guilty for Codefendants. Verdict of $500,000 against Defendant. The trial court subsequently granted Defendant’s motion for a new trial and vacated the verdict against Defendant.

​Synopsis: Patient was morbidly obese 38 year old male admitted to the hospital because of severe back pain developed while lifting boxes at work. He was hospitalized from November 3 to November 11, 2001, during which time he was treated with pelvic traction and physical therapy. Because of his morbid obesity and immobility, Plaintiff alleged that he should have been provided with DVT prophylaxis. On November 17, 2001, while at home, he developed a fatal pulmonary embolus. He was survived by his wife, two adult children and one minor child.

Client: General Surgeon
Trial Attorney: Randall J. Gudmundson / Sherry A. Mundorff
Result: Voluntary Dismissal

​Synopsis: Plaintiff alleged that Defendant Gynecologist perforated small bowel during diagnostic laparoscopy and failed to discover perforation in a timely manner, causing patient to become septic with extended hospitalization. Case was dismissed with prejudice by Plaintiff after Defendant’s motion in limine barring Plaintiff’s expert from testifying to damages for extended hospitalization was granted by the Court.

Client: Cardiologist
Trial Attorney: C. Thomas Hendrix / Sherry A. Mundorff
Result: Voluntary dismissal first day of trial

​Synopsis: Plaintiff alleged there was a failure to diagnose and treat a recurrent heart attack resulting in wrongful death. Plaintiff alleged a failure to perform objective testing such as performance of a stress echocardiogram to diagnose cardiac abnormality, and subsequently Plaintiff decedent sustained a recurrent heart attack causing death. Plaintiff voluntarily dismissed case on first day of trial.

Client: General Surgeon
Trial Attorney: C. Thomas Hendrix
Result: Voluntary dismissal first day of trial.

​Synopsis: Plaintiff asserted there was a failure to diagnose and timely treat a subdural hematoma resulting in wrongful death. Plaintiff voluntarily dismissed case on first day of trial.

Client: Pediatrician
Trial Attorney: Randall J. Gudmundson / Sherry A. Mundorff
Result: Dismissal

​Synopsis: Plaintiff alleged failure of Defendant Pediatricians to diagnose bacterial meningitis in 14 month old infant and improperly diagnosed Croup resulting in death. Defendants contended that child did not exhibit signs or symptoms of bacterial meningitis until just before transfer to another hospital. Defendants were dismissed after settlement by Codefendants.

Client: Gynecological Surgeon
Trial Attorney: Randall J. Gudmundson
Result: Verdict for Plaintiff – $342,251

​Synopsis: Plaintiff alleged the ureter was ligated during a TAH-BSO which caused post operative complications including neocystectomy, neocystostomy and multiple urological procedures to save kidney function. Defendant Gynecological Surgeon contended that ureter was not ligated, that scar tissue caused obstruction and that obstruction was recognized post op day three. Plaintiff asked for $900,000.

Client: General Surgeon
Trial Attorney: Martin B. Bresler
Result: Verdict General Surgeon on negligence

​Synopsis: Defendant General Surgeon performed wire guided localization for breast mass. Needle broke and lodged in mediastinum which required thoracotomy for removal. Defense contended compliance with standard of care and that he was not responsible for equipment failure. Jury found in favor of Defendant General Surgeon on negligence count, finding that he complied with the standards of care applicable to him, but also found in favor of Plaintiff on res ipsa loquitur count. Verdict compromised for less than special damages.

Client: Anesthesiologist/Pain Management
Trial Attorney: Martin B. Bresler / Lisa M. Green
Result: Verdict for Plaintiff – No payment

​Synopsis: Verdict against Defendant Anesthesiologist with assessment of damages resulted in no payment from Defendant Anesthesiologist physician since earlier settlement by other parties was in excess of amount of verdict and subject to set off. No reporting made to National Practitioner’s Data Bank.