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Chicago Man’s Crushed Leg Brings $1.8 Million in Product Liability Action

A Chicago product liability suit that I tried recently resulted in $1.8 million verdict to a 40 year old Chicago man whose leg was crushed on an assembly line. Many interesting legal issues arose including who should be placed on the jury verdict form regarding apportioning fault among defendants, third party defendants, and plaintiff (see previous post regarding this issue). In 2002 plaintiff was working on an assembly line that produced laminated boards for use as countertops and cabinets. At...

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Chicago Appellate Court Puts Settling Defendants on Verdict Form

An Illinois wrongful death verdict arising out of a construction accident where a scaffold collapsed was reversed by the appellate court in Chicago. The Court did rule that the defendants had waived any right to challenge the award of $14,230,000. The issue as framed by the Appellate Court: Is a defendant who settles with the plaintiff prior to trial still a “defendant sued by the plaintiff” within the meaning of section 2-1117 of the Code of Civil Procedure (735 ILCS 5/2-1117)? If...

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Chicago Pap Smear Medical Malpractice

One Chicago medical malpractice case that did not involve either doctors or nurses was resolved too late to benefit the victim. In 1999 a Chicago area woman went to her gynecologist for her annual pap smear. Because she had been previously diagnosed with a sexually transmitted disease she was at a higher risk of developing cervical cancer, and therefore her doctor recommended annual pap smears. The pap smear was sent to a large national lab to be read. The results...

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Illinois Chief Justice’s Libel Case Leads to $7 Million Jury Award

A libel action in suburban Chicago led to a $7 million award for Illinois Chief Justice Robert R. Thomas. A Kane County jury returned the verdict against the Kane County Chronicle and a former columnist on November 14, 2006. Justice Thomas, a former Chicago Bear and Notre Dame kicker, alleged that the columnist and the Chronicle defamed him by printing that he traded his vote in an attorney disciplinary case in exchange for a political favor to enable a candidate he favored to be elevated to the...

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Chicago Internet Prescription Malpractice

An Illinois internet prescription malpractice suit named two physicians, one from New Jersey and one from Pennsylvania for prescribing Xanax and Ultram to an Illinois resident based solely on an online questionnaire. In May 2004 a 31 year old Illinois man received 60 2mg tablets of Xanax and 90 50mg tablets of Ultram based upon the internet application. The prescriptions were filled by internet pharmacies located in Florida. The plaintiff testified that he recalls taking one tablet of the Xanax and...

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Illinois Medical Malpractice-Spinal Cord Injection

An Illinois medical malpractice case I recently handled where an anesthetic was injected into the victim’s spinal cord ended successfully for a Chicago area woman. A 44 year old Chicago area woman became a victim of medical malpractice when she went into a surgical center for repair of a torn rotator cuff. Prior to the surgery the anesthesiologist injected the patient with an anesthetic to reduce post operative pain. The anesthetic was injected into the patient’s spinal cord, instead of proximate to the brachial plexus nerve....

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