By Cases

Cases

Representative Verdicts

Verdict

Defense verdict in medical malpractice for internal medicine physician and large health care group.

Plaintiff, a 30-year-old bilateral amputee, claimed negligence in failing to timely diagnose sepsis and performing incision and drainage, resulting in below the knee bilateral amputations. Asked $23.5 million at trial. Jury verdict for defense. Verdict affirmed by Illinois Appellate Court and Illinois Supreme Court. JVR and Chicago Law Bulletin awarded trial lawyers award of excellence for best malpractice defense verdict 2019.

Verdict

Defense verdict in gynecologic malpractice.

Plaintiff, a 36 year old, claimed negligence in gynecologic procedure, resulting in permanent paralysis including urinary, bowel and perineal dysfunction. Asked $32 million at trial. Defense verdict and also found on sole proximate cause for Defendants. Verdict affirmed on appeal.

Verdict

Defense verdict in critical care malpractice.

Plaintiff claimed wrongful death and survival in failing to diagnose and treat sepsis for 60 year old mother. Asked $14.2 million at trial. Defense verdict in 45 minutes. Verdict affirmed on appeal.

Verdict

Directed verdict in obstetrical malpractice for Defendant obstetrician.

Plaintiff claimed negligence in labor and delivery resulting in stillbirth. Trial judge granted directed verdict for Defendant obstetrician at close of Plaintiff case. Case continued to other Defendants.

Verdict

Defense verdict in podiatric malpractice (toenail removal procedure).

Plaintiff claimed negligence in toenail removal procedure, resulting in osteomyelitis, prolonged treatment and disability. Defense verdict in under 1 hour.

Verdict

Defense verdict in podiatric malpractice (implant surgery).

Plaintiff claimed negligence in implant surgery, resulting in implant failure, fusion surgery and permanent disability. Defense verdict in less than 30 minutes.

Verdict

Defense verdict in podiatric malpractice (orthopedic surgery).

Plaintiff claimed negligence in orthopedic surgery resulting in permanent disability and further surgical care. Defense verdict.

Verdict

Defense verdict in podiatric malpractice (foot and ankle surgery).

Plaintiff claimed negligence in foot and ankle surgery, resulting in further surgical and medical care and permanent pain, suffering and disability. Defense verdict in 19 minutes.

Other Favorable Outcomes

Favorable Outcome

Favorable outcome in infectious disease malpractice case — dismissal on trial.

Plaintiff claimed failure to diagnose C. difficile against Defendant infectious disease physicians. Plaintiff dismissed infectious disease physicians on trial due to strength of defense experts and proceeded against co-defendants.

Favorable Outcome

Favorable outcome in medical malpractice — alleged failure to diagnose and treat pulmonary embolism, resulting in death.

Case resolved by settlement on trial, with represented Defendant's share of settlement at only $20,000.

Favorable Outcome

Favorable outcome in cardiology malpractice — case resolved on trial favorably to defense.

Plaintiff, a 60 year old, claimed negligence in failure to diagnose and treat carotid disease, resulting in stroke and permanent disability. After jury question at close of Plaintiff's case in chief, which showed jury favored defense.

Favorable Outcome

Favorable outcome in alleged neurosurgical malpractice case.

Plaintiff, a 66 year old claimed negligence in performance of anterior cervical discectomy and fusion, resulting in quadriplegia. Pretrial offer accepted on trial.

Successful Dismissals

Dismissal

Dismissal of Qui Tam Action in United States District Court for the Northern District of Illinois.

Obtained complete dismissal of action alleging Medicare and Medicaid Fraud on behalf of health and hospital corporation.

Dismissal

Dismissal of EMTALA and Health Care Surrogate Action in United States District Court for Northern District of Illinois.

Dismissal on motion of EMTALA and Health Care Surrogate Act and other common law tort actions on behalf of represented health care corporations.

Dismissal

Dismissal of UCC and Health Care Surrogate Actions in the United States District Court for Northern District of Illinois.

Dismissal on motion of violations of the Uniform Commercial Code, Health Care Surrogate Act and other torts on behalf of represented health care entities.

Dismissal

Summary judgment affirmed by Appellate Court, PLA denied Illinois Supreme Court — statute of limitations dismissal on claims of fraudulent concealment.

Appeal before First District Appellate Court. PLA before Illinois Supreme Court. Dismissal affirmed.

Dismissal

Dismissal affirmed by Appellate Court — failure to exercise due diligence in service dismissal.

Appeal before Second District Appellate Court. Dismissal affirmed.

Dismissal

Dismissal of 40 cases on behalf of accountable care organization based upon statutory and Federal Trade Commission requirements for ACOs.

Procured dismissal in 40 plus cases.

Positive ADR Results

ADR

Successful defense of multiple physicians before the Illinois Department of Financial and Professional Regulation on claims of fraud, battery, sexual misconduct, and medical care related complaints.

ADR

Successful defense of health care organization before the Illinois Department of Financial and Professional Regulation on first impression claims involving Advanced Practice Nurse collaborative agreements.

ADR

Successful defense of neurosurgeons before hospital privileging committee.

ADR

Successful defense of obstetricians before hospital privileging committee.

ADR

Successful defense of gastroenterologist before hospital privileging committee.

McBreen, Kopko & Dayal LLP

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