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NEW DEVELOPMENTS
April 2008 A In September 2002, a concrete cutter that had a 9-foot wheel
climbed out of its trench and went out of control, and the operator couldn’t
shut down the machine by pressing the emergency-stop button. The woman, then 31, had her back to the machine and was
holding a sign to control traffic moving past the construction site on
Interstate 55 near The machine was owned by G.M. Sipes Construction, which
purchased it and received maintenance work from the defendant Vermeer Sales
and Service of Central Illinois. Robert J. Napleton said he learned in discovery that Vermeer
knew that a G.M. Sipes employee had rigged a component in the engine in such a
way that the emergency-stop button was rendered useless. The lawsuit alleged that Vermeer was negligent for not
removing the rigging device and not recommending that G.M. Sipes take the
machine out of service until the engine was fixed.
G.M. Sipes was named as a third-party defendant in the lawsuit. The jury verdict is the highest ever recorded in “It’s a significant victory for road construction workers
across the state because the job site conditions were extremely dangerous for
the construction workers as well as motorists proceeding down [Interstate]
55,” Napleton said. “Maybe
this verdict will send a message to make safety the highest order of the
day.” In its hour-long deliberation, the jury found that G.M. Sipes
was 75 percent liable and Vermeer was 25 percent liable.
Because Vermeer was found to be at least 25 percent liable,
state law requires that the company pay the entire award.
The judgment will be reduced by $1.2 million due to a prior settlement
between the plaintiff and the machine’s manufacturer. Circuit Court Judge Harold J. Frobish of the 11th
Judicial Circuit presided over the trial, which began on Bobbi Jo Craver v. Vermeer Sales and Services, et al., No. 04
L 11.
December
2007
ROBERT J. NAPLETON
APPOINTED CHAIRMAN OF The Illinois Supreme Court appointed Bob Napleton as the
Chairman of the Illinois Supreme Court Committee on Jury Instructions in Civil
Cases. The Illinois Supreme Court
appointed Mr. Napleton to a 3 year term expiring on
$1,540,000
MALPRACTICE AWARD FOR FAMILY OF FORMER NBC5 SPORTSCASTER, DARRIAN CHAPMAN The
family of a sportscaster who died of a heart problem after his doctor
allegedly failed to perform tests has settled his lawsuit against the doctor
and the hospital where the doctor’s office was located for more than $1.5
million dollars. Darrian
Chapman, 37, died in 2002, a few days before a follow-up appointment with his
doctor, who had failed to conduct a Holter monitor test, an echocardiogram and
a Thallium stress test, the lawsuit said. The doctor also didn’t install an
implantable defibrillator to regulate heart rhythm for Chapman, who suffered
from cardiac sarcoidosis. He
is survived by his wife and two children, now 16 and 14, from a previous
marriage. Dr.
Stuart Greenfield and his employer, Northwestern Cardiology and Internal
Medicine, S.C., paid $990,000 of his $1 million dollar policy limits. The
family sued Robert
J. Napleton and John M. Saletta of Motherway & Napleton, LLP represented
the family. Cook
County Circuit Judge Thomas L. Hogan approved the settlement on The case number is 03 L 3491.
July 2007
DON M. SOWERS JOINS THE FIRM Motherway & Napleton is pleased to announce that Don M. Sowers has become associated with the firm. Don brings a wealth of experience in the trial of medical malpractice and other personal injury matters to our ranks. He has been a trial lawyer for over 20 years, initially as a defense attorney at a well-respected insurance defense firm and thereafter as a plaintiff’s attorney who has consistently achieved substantial verdicts and settlements on behalf of the injured victims of professional and other negligence.
July 2007 JOHN SALETTA ADMITTED TO ABOTA John Saletta was admitted to membership in the
American Board of Trial Advocates at a meeting of the National Board
of Directors. ABOTA is a nationwide group of trial lawyers
equally divided between plaintiff and defense attorneys, who are
invited to membership upon demonstration of the
requisite skill, experience and integrity. John becomes the third
member of the firm to become an ABOTA member. Nick
Motherway and Bob Napleton are longtime members.
The Illinois ABOTA Chapter includes most of the leading plaintiff and
defense trial attorneys in the state.
June 2007 SETTLEMENT FOR INFANT IN INTENSIVE A three million dollar settlement has
been reached on behalf of a four year boy who, at 2
weeks of age, suffered a cardiac arrest in the
intensive care nursery at the University of Chicago Hospital ten
days after he had undergone surgery to correct a
congenital heart defect. Just before the arrest, a
physician’s assistant had pulled a right atrial line from the heart.
The following week the infant was diagnosed to have suffered a
stroke. He now lives with his parents, is enrolled in
school, but has some developmental delay and is on anti-seizure
medication. Nicholas J. Motherway, who with John M. Saletta, had prepared the case for
trial, negotiated the settlement on behalf of the boy and his parents. Circuit
Court
May 2007 SETTLEMENT REACHED IN HOUSEWIFE’S DEATH A 54 year old housewife, the mother of three adult daughters, died at
March 2007
ROBERT J. NAPLETON AWARDED MEMBERSHIP IN PRESTIGIOUS Robert J. Napleton has become a Fellow of the The induction ceremony at which Robert J. Napleton became a
Fellow took place recently before an audience of 810 persons during the recent
2007 Spring Meeting of the College in La Quinta, Founded in 1950, the College is composed of the best of the
trial bar from the Membership in the College cannot exceed one percent of the
total lawyer population of any state or providence.
There are currently approximately 5,610 members in the The College strives to improve and elevate the standards of
trial practice, the administration of justice and the ethics of the trial
profession. Qualified lawyers are
called to Fellowship in the college from all branches of trial practice.
They are carefully selected from among those who customarily represent
plaintiffs in civil cases and those who customarily represent defendants,
whose who prosecute accused of crime and those who defend them.
The College is thus able to speak with a balanced voice on important
issues affecting the legal profession and the administration of justice. Robert J. Napleton is a partner in the firm of Motherway
& Napleton, LLP and has been practicing in this city for 18 years.
The newly inducted Fellow is an alumnus of
February 2007
$2 MILLION DOLLAR
MALPRACTICE VERDICT FOR MISSED DIAGNOSIS Plaintiff claimed based on his clinical symptoms involving
his lower legs (severe pain, swelling, tenseness, tenderness, etc.) and his
blood tests results (elevated CPK level a/k/a creatine phosphate kinase
indicating skeletal muscle damage) that his condition of bilateral anterior
compartment syndrome should have been diagnosed on June 12, 13, or 14, 2001. Instead,
it was diagnosed on Anterior compartment syndrome is when nerves and arteries are
compressed from swelling in the front part of the lower leg which leads to
movement problems of the foot and ankle. A
fasciotomy relieves or decompresses the anterior compartment.
Brian Urlacher of the Chicago Bears had this condition in 2004 and
returned to the playing field that same season.
Clifford Francois is a 1983 graduate of After a two week trial, the jury awarded $2,013.789 in
damages. The insurance carrier for
the defendants, Illinois State Mutual Inter-insurance Exchange (ISMIE) chose
not to make any settlement offer to Mr. Francois prior to and during the
trial, including during jury deliberations.
Bob Napleton and John Saletta represented Clifford
Francois. Judge Daniel Locallo presided over the trial in Case No. 03 L
12404.
December 2006
NICHOLAS J. MOTHERWAY APPOINTED TO SUPREME COURT RULES COMMITTEE Nicholas J. Motherway has been appointed to a three year term
on the Illinois Supreme Court Rules Committee. The committee
reviews the adequacy of the rules which govern the conduct of discovery, trial
and appeals and recommends changes where appropriate. The committee
conducts public hearings on proposed changes in the
rules, inviting comment from the legal community
and members of the public. “It is a great honor
to be asked to serve on this committee” August 1, 2006
DAN
MADIGAN NAMED TO 40 UNDER 40 Dan Madigan was recently named as one
of 40 Chicago Area lawyers under the age of 40
recognized in the legal community as lawyers
to watch as their careers skyrocket toward the top of
their profession. Dan’s selection
for this elite group is the end
result of a peer selected survey conducted annually
by the Chicago Law Bulletin Publishing Company. He follows in the
footsteps of Bob Napleton who was named in the past.
May 2006
MIDLOTHIAN FAMILY AWARDED $2.3 MILLION DOLLARS A Cook County Circuit judge has approved a $2.3 million
settlement agreement reached by a medical group and the family of a Scott Tracy a 36-year-old husband and father of six, went to
his family doctor on Given Law Division Presiding Judge William D. Maddux approved the
settlement. Joanne
Tracy v. Lee Freund, No. 02 L 11583. The settlement amount was $300,000 above and beyond the
limits of defendant’s liability insurance coverage.
This separate contribution was paid from Midwest Physician Group,
Ltd.’s corporate funds.
May 2006
NICHOLAS T. MOTHERWAY RE-ELECTED TO THE ASSEMBLY OF THE ILLINOIS STATE BAR ASSOCIATION Nicholas T.
Motherway has been re-elected as a member of the
Assembly of the Illinois State Bar Association. He will serve a
new three year term. Nick finished third among 28 candidates, which co-incidentally is
how he finished in his last election. The Assembly is the policy making body
of the ISBA. During his new term, Nick expects to take
part in many decisions of great importance to
March
2006 APPEALS EXHAUSTED-EIGHTEEN MILLION DOLLAR JUDGMENT PAID In October, 2003, a jury awarded Hannah Foley sixteen
million dollars in damages for the brain damage she suffered at
birth at
Ingalls
Hospital
in Harvey,
February 2006 FAMILY TO RECEIVE $2,250,000 IN
MALPRACTICE SETTLEMENT On
The victim complained of recent incidents of chest pain, said his attorney, Robert J. Napleton. Given the patient’s history of pain, coupled with tests performed by Victor that showed abnormalities, he should have been hospitalized, Napleton said. Instead, Victor sent him home and ordered a stress test for September 7. About 12 hours after he left Victor’s office the patient was rushed to Adventist Hinsdale Hospital, where he died as the result of the lack of blood to the heart, Napleton said. Trial was scheduled to begin February 24th before Cook County Judge Thomas L. Hogan, who approved the settlement. Dr. Victor contributed $2 million to the settlement. Adventist LaGrange Memorial Hospital contributed $225,000. Dr. Victor was not a hospital employee, but Napleton argued that, given the name and location of her practice, the patient could reasonably have assumed she was affiliated with the hospital. Court No. 02 L 15591. October 19, 2005
RECORD $5,537,500.00 GRUNDY COUNTY SETTLEMENT On October 19, 2005, the
Honorable Lance Peterson of the Circuit Court of Grundy County, approved a $5.5
million dollar medical malpractice settlement brought on behalf of a 4-year
old Ottawa girl named Chase Linnea Nicholson. The lawsuit brought by Lisa Nicholson, Chase’s mother, alleged her daughter suffered hypoxic ischemic encephalopathy during the labor and delivery process in the early morning hours of April 20, 2001. Plaintiff alleged a member of the nursing staff was professionally negligent in her interpretation of the fetal monitor tracing resulting in the newborn being exposed to a hostile intrauterine environment causing a lack of oxygen to her brain and other organs. Plaintiff asserted the labor and delivery nurse in question should have communicated the abnormal fetal monitor findings to the attending obstetrician, John Roth Jr., M.D. who was sleeping in the doctor’s suite next to the Nicholson birthing suite. Plaintiff also alleged John Roth Jr., M.D. failed to perform an immediate Cesarean section once he became aware of the abnormal monitor strip around 6:00 a.m. Chase was born on April 20, 2001 at 9:04 a.m. in a moderately depressed condition (Apgar scores of 3, 8 and 9 at 1, 5 and 10 minutes of life) requiring moderate resuscitative efforts. She currently suffers from cerebral palsy and is attending special education classes through the Utica, Illinois public school system. According to her attorney, Robert J. Napleton, a portion of the settlement funds were used to purchase a lifetime annuity which will allow this beautiful little girl to lead a dignified life without financial burden. The settlement is believed to be a record amount for any type Grundy County personal injury or wrongful death settlement. Nicholson v. Roth, et al., 02 L 19. October 3, 2005
HEART PATIENT’S SURVIVORS GET $2.7 MILLION FROM JURYA Cook County Circuit Court jury has awarded $2.7 million to the family of a Midlothian man after finding that his 2002 death from heart disease resulted, in part, from medical negligence. The jury awarded the family of
Scott Tracy $5.4 million, ruling his death resulted from negligence on the
part of his physician, Lee Freund, D.O. and the Midwest Physician Group in
Crestwood which employed Freund. The
award amount was later halved to account for Tracy’s own negligence in his
treatment, according to Robert J. Napleton, the Tracy family’s attorney. In the suit, Tracy’s family
argued his life could have been spared if his doctor had ensured he took a
stress test within two to three days.
Tracy, 36, went to his doctor May 6, 2002, after experiencing pain in
his chest and left arm, Napleton said.
The doctor ordered a stress test and instructed him to monitor his
blood pressure, Napleton said. On May
23, Tracy died of heart disease, a day before he was scheduled to undergo the
stress test. Tracy v. Freund, et al, 02 L 15583.September 20, 2005JURY AWARDS $5.5 MILLION DOLLAR VERDICT FOR CHILDREN OF MOTHER
WHO DIED OF PNEUMONIA ONE DAY AFTER DELIVERY On September 20, 2005, a Cook
County Jury awarded $5.5 million dollars to the Estate of Yolanda Price. The verdict was against Dr. Leopoldo
Jurado. On November 21, 1995, Yolanda
Price was found on the floor of her room at St. Bernard Hospital, gasping for
breath. A “code blue” was called, but
Ms. Price was unable to be resuscitated and she was pronounced dead. The previous day, Ms. Price had delivered
a healthy baby girl via a Cesarean section performed by Dr. Leopoldo
Jurado. An autopsy performed at the
Cook County Medical Examiner’s Office revealed that Ms. Price had died of
bronchopneumonia. Plaintiff claimed
defendant, Dr. Leopoldo Jurado, was professionally negligent in failing to
hear abnormal breath sounds when he allegedly listened to her lungs
approximately four hours prior to her death.
Plaintiff further claimed that had Dr. Jurado heard abnormal breath
sounds, the appropriate treatment would have been administered and Ms. Price
would not have died of bronchopneumonia. After a 1 ½ week jury trial, the
jury awarded a total verdict of $5.5 million dollars. The jury awarded $4.5 million dollars to
the children of Yolanda Price for the loss of their mother and $1 million
dollars to the Estate of Yolanda Price for the conscious pain and suffering
that Yolanda experienced prior to her death.
Plaintiff’s demand to settle the case before the jury trial was
$250,000. The insurance carrier for
Dr. Jurado chose not to make an offer to the Estate of Yolanda Price. John M. Saletta of Motherway
& Napleton, LLP. represented the estate of Yolanda Price. Lakisha Love, as Special
Administratrix of the Estate of Yolanda Price, deceased v. Leopoldo Jurado,
M.D. No. 01 L 290. June 22, 2005 JURY AWARDS $1.5 MILLION TO 81
YEAR OLD MAN WITH PARTIAL VISION LOSS When
Merritt R. Kotin underwent cataract surgery in March 2000, he developed a
well-known complication and was referred to Robert Schroeder, M.D., a retina
specialist, for treatment, according to his attorney, Robert J. Napleton of Motherway & Napleton, LLP. Kotin alleged that Schroeder, over the course of the following
year, was professionally negligent because he failed to notice the severe
inflammation resulting from the piece of cataract that had “migrated” to the back
of his eye, according to the plaintiff attorney. Kotin also claimed that Schroeder did not perform, in a timely
manner, the necessary surgical procedure that would have preserved his vision
in his left eye. The
jury originally awarded Kotin $2,117,556.63 but reduced the amount by 30 percent
because Kotin allegedly delayed having a second round of surgery until he
could get a second opinion at Kotin
is an 81-year old former trial attorney for the Chicago Transit
Authority. Cook County Circuit Judge
Robert E. Gordon presided over the trial, which lasted 1 ½ weeks. Merritt Kotin v. Robert Schroeder,
M.D., et al., No.
02 L 2689. May 12, 2005
JURY AWARDS $450,000 TO WOMAN WITH
20/30 VISION A Cook
County jury returned a $450,000 verdict in favor of a 64 year old woman who
underwent a corneal transplant in her right eye and now has near perfect
vision (20/30) in that eye. The jury found that her ophthalmologist, Ricardo Nieves, M.D., was negligent in his treatment of her and as a result, she developed the infection which damaged her cornea leading to the need for a corneal transplant. John M. Saletta represented the plaintiff. Ross v. Nieves, No. 02 L 9441. April 14, 2005
$2.35 MILLION SETTLEMENT AGREED TO
IN PRODUCT LIABILITY SUIT A
machinist who lost his right arm in a industrial accident has settled his
personal-injury claims for $2.35 million.
David Ethridge also obtained a waiver of workers’ compensation liens
of nearly $597,000. Cook County
Circuit Judge William D. Maddux formally approved the settlement on Ethridge,
of downstate Glasford, was cutting metal at Dooley Bros. machine shop in Ethridge
claimed that the CNC lathe manufacturer, Goodway Machine Corp., did not make
the device with an adequate safety system that would have prevented the steel
from extending beyond the machine. Goodway
Machine Corp. is a relatively small CNC lathe manufacturer based in He also
claimed the machine’s distributor, Welsh Machine Tool Co. Inc., failed to
instruct him properly on the safe operation of the machine. Robert
J. Napleton of Motherway & Napleton, LLP, represented
Ethridge. Ethridge v. Welsh Machine Tool Co.
Inc., et al., No.
01 L 11619. April 2005
NICHOLAS J. MOTHERWAY TO PARTICIPATE IN 2005 ADVOCACY SHOWCASE Nicholas
J. Motherway has agreed to participate in the 2005 Advocacy
Showcase being presented on March 2005
JOHN SALETTA TO SPEAK AT ECONOMIC LITIGATION SEMINAR John
Saletta will be speaking at a litigation seminar in Oak Brook, Illinois, on
July 20, 2005. The seminar is entitled "Economic Litigation Support in
Illinois". December 2004
ROBERT J. NAPLETON APPOINTED TO The
Illinois Supreme Court recently appointed Bob Napleton to the Illinois
Supreme Court Committee on Jury Instructions in Civil Cases. The Illinois Supreme Court appointed Mr.
Napleton to a three year term expiring December 2004
NICK MOTHERWAY RE-ELECTED ABOTA
DIRECTOR The Illinois Chapter of the American Board of Trial Advocates has elected Nick Motherway to his fourth 3 year term as a member of the National Board of Directors. ABOTA is a national organization of trial lawyers and membership is by invitation. Its ranks are comprised of an equal number of plaintiff and defense lawyers actively involved in the trial of civil cases. ABOTA is dedicated to the preservation of the right to trial by jury and the integrity of the civil justice system. October 5, 2004
TWO MILLION DOLLAR SETTLEMENT APPROVED A Cook
County probate judge today approved a two million dollar settlement in
the medical malpractice case
involving the death of 34 year old
single woman, who was admitted
to Olympia Fields Hospital for gallbladder surgery and died from
complications when the surgeon mistakenly severed her common bile duct. The leak of bile continued undetected for
several days and the victim died of sepsis. She left a mother and five
siblings. The surgeon and assistant
surgeon’s insurance companies each paid the one million dollars of insurance
coverage for each doctor. Nick Motherway
represented the family.
Settlement was reached as the trial was about to begin. April 15, 2004 CRASH
VICTIM’S JURY AWARD IS PAID In
December, Nicholas J. Motherway secured a $2.9 million dollar verdict on
behalf of a 52 year old woman motorist who suffered a crush injury to her
right ankle when a service truck crossed the center line and struck her car
head-on. The defendants’ motion for a
new trial was recently denied by Judge Thomas Chiola of the October 16, 2003
RECORD SIXTEEN MILLION DOLLAR MALPRACTICE AWARD A October 10, 2003
ROBERT J. NAPLETON SPEAKS AT THE AMERICAN SOCIETY OF DERMATOPATHOLOGY ANNUAL MEETING Robert J. Napleton spoke at the annual meeting of the American Society of Dermatopathology held at the Fairmont Hotel in Chicago. The course was entitled Medical-Legal Issues in Dermatopathology: How to Decrease Your Chances of Being Sued and Still Practice Good Medicine. Robert J. Napleton spoke on the subject of Defensive Medicine from the Standpoint of a Plaintiffs' Attorney's Perspective before over 300 members of this well-known medical organization. September 2003
$1 MILLION AWARD IN MELANOMA CASE Lawyers for St. James Hospital and Medical Center and the family of a man who died 12 years after the hospital allegedly failed to detect a malignant skin lesion have settled a wrongful-death lawsuit for $1 million. In December 1988, the hospital's pathology department allegedly failed to diagnose a malignant melanoma that spread to Jarrett Stitak's lungs and brain. He died in March 2001. Cook County Circuit Judge William D. Maddux, presiding judge of the Law Division, approved the settlement. Robert J. Napleton of Motherway & Napleton represented the plaintiff. Patricia Stitak v. Sisters of St. Francis Health Services, Inc., d/b/a St. James Hospital, No. 00 L 3506. $900,000 MALPRACTICE
AWARD On July 2003 ROBERT J. NAPLETON APPOINTED TO The
Illinois Supreme Court recently appointed Bob Napleton to the Illinois
Supreme Court Committee on Professional Responsibility. The Illinois Supreme Court Committee on
Professional Responsibility appointed Mr. Napleton for a term expiring |
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Copyright © 2007 Motherway & Napleton, LLP All rights reserved |
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Phone: (312) 726-2699 |
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