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Drafted successful motion for summary judgment on behalf of large hospital in Kane County. Plaintiff alleged our hospital client was negligent by failing to search the Plaintiff for contraband after he allegedly presented to the emergency room with psychotic symptoms. Hours later, the Plaintiff produced a gun, which initiated an exhaustive standoff with a police SWAT team and the Plaintiff barricaded in his hospital room.  Eventually, Plaintiff aimed the gun at police officers, who responded with deadly force. Plaintiff alleged wrongful death, claiming that the hospital’s failure to search Plaintiff in the ER led to the standoff and ultimate death. The defense identified serious evidentiary flaws in Plaintiff’s case and argued that Plaintiff could not establish proximate cause between the hospital’s conduct and the shooting that resulted in Plaintiff’s death. The defense also argued that Plaintiff’s criminal conduct – brandishing a handgun in his hospital room – was unforeseeable and that Plaintiff lacked proximate cause as to the hospital’s conduct. The court granted the motion and dismissed the hospital with prejudice. (2017)

Drafted successful motion for summary judgment on behalf of long-term care facility in Kane County. Plaintiff alleged our client, a long-term care facility associated with a large health care organization, was negligent and caused the Plaintiff’s fall and hip fracture. The defense identified numerous evidentiary weaknesses in Plaintiff’s case as to proximate cause. Plaintiff countered that there was sufficient causation evidence in the record to establish a genuine issue of material fact. The court granted the motion and dismissed the defendant with prejudice. (2017)

Helped secure dismissal with prejudice and no payment for hospital client in Cook County. Plaintiff alleged a co-defendant hospital and our hospital client allowed a sacral pressure ulcer to form and progress to a Stage IV wound.  The defense maintained that the development and alleged worsening of the wound was due to the decedent’s immobility following a severe stroke, his ventilator dependence, and his numerous chronic health conditions. Despite Plaintiff’s pretrial demand of $850,000, after the co-defendant settled, the plaintiff dismissed our client with prejudice and no payment on the second day of trial. (2016)

Helped obtain compromised verdict in directed liability case as to nursing home in Cook County.  The plaintiff’s Complaint alleged a hip fracture, infection at the surgical site requiring multiple surgeries before removal of the infected rod,  and death of a 68 year old.  Due to rulings prior to trial, the case was tried as an essentially admitted liability case.  The medical specials for the substantial post occurrence care were over $500,000.  The plaintiff asked for $8.5 million and received an award of $1 million which due to the pre-trial rulings is expected to be appealed.  (2016)

Helped secure a defense verdict for a large operator of nursing homes in a pressure ulcer case wherein plaintiff sought $6.3 million in damages. The estate for the plaintiff sought damages from our nursing home client, co-defendant hospital and one of the hospital's doctors. The plaintiff alleged that defendants missed a hip fracture and were negligent relating to a sacral and heel pressure ulcer. The decedent lived five years with the wound, before her death. Against the nursing home, the plaintiff argued against the nursing home that there were deviations from the standard of care, violations of the Illinois Nursing Home Care Act and presented graphic photos of the wounds. Defense countered that the pressure ulcers were timely diagnosed and treated and that the plaintiff's underlying medical problems were the cause of the pressure ulcer formation and alleged worsening.  The other two defendants in the case, a hospital and a treating physician from that hospital, both received guilty verdicts. (2015)