$5.6 Million Awarded for Malpractice
1992 surgery: Doctors removed wrong disk in spinal operation

The Herald News
December 7, 2001
By Charles B. Pelkie

Joliet – A Will county jury recently awarded $5.6 million to a Mokena man whose doctors removed the wrong disk from his cervical spine.

The verdict, which was delivered on Nov. 20 following a two-week trial, is the second-highest awarded in a civil case in Will County. It is the largest verdict in the state for a medical malpractice case involving the removal of a wrong disk, according to the Jury Verdict Reporter, which tracks jury awards.

The plaintiff, John Murphy, a 47-year-old former truck driver, alleged that his surgeons, Dr. Lenard Rutkowski and Dr. Vithal Kasbekar, removed the wrong disk from his cervical spine during an operation at Silver Cross Hospital in July 1992. The lawsuit also named as a defendant Dr. Salvador A. Rinella who reviewed X-rays disk and then failed to notify the patient of their error during follow-up therapy, said Richard Rogich, who is Murphy’s attorney. The patient discovered the error while undergoing additional treatment for his back with a different physician nine months after the surgery, Rogich said.

Murphy’s attorneys alleged that the physicians failed to take a lateral X-ray that would have prevented them from performing surgery on the wrong disk. They argued that lateral X-rays are standard for such operations.

The physicians’ attorneys, however, argued that the plaintiff’s size – 6 foot 3 inches, 250 pounds – combined with his short neck, precluded them from obtaining adequate lateral X-rays, according to a verdict report. They also argued that the removal of the wrong disk did not affect the plaintiff’s condition.

Neither Rutkowski nor his attorney could be reached for comment Wednesday.

Rutkowski testified that Murphy’s condition improved during follow-up therapy, according to Rogich. The plaintiff’s attorney also said the defendants asserted that Murphy was informed of their error. Rogich, however, argued that the mistake is not documented in medical records.

Rogich said his client’s condition did not improve following the surgery. Murphy has lost motion in his neck and suffers from chronic muscle spasms in his shoulder and neck, he said.

The attorney described Murphy as living “an American blue-collar dream.” He suffered through “a terrible ordeal” following the surgery, he said.

“He lost his job for the rest of his life,” Rogich said. “He lost his ability to have any kind of job. His medical condition is so precarious that he can go for a week and he is fine, and then he is flat on his back.”

The defense, in an effort to show that the plaintiff was not seriously disabled, entered into evidence surveillance tapes of Murphy lifting metal file cabinets and crawling in the back of his truck. Rogich, however, insisted that the tapes showed that his client suffered from a limited range of motion in his neck.

The tapes apparently had minimal impact on the jury, which deliberated for six hours before returning a verdict. The $5.6 million verdict included $2.9 million for Murphy’s pain and suffering.

Abuse Cover-Up Alleged at Alden Children’s Home

Daily Herald
November 6, 2003
By Dave Orrick

She couldn’t walk, so when the 11-year-old girl was found in her nursing home at the bottom of a flight of stairs, someone must have brought her there.

She couldn’t talk, so when she started hurting herself – clawing her face and banging her head against the wall – her family suspected she was trying to communicate something horrible.

“I knew something was wrong because she had never done anything like that before,” said Tina Estes of Chicago, the girl’s aunt and legal guardian.

Doctors concluded the developmentally disabled girl had been sexually assaulted while in the care of a suburban children’s nursing home, Alden village Health Facility for Children and Young Adults in Bloomingdale.

On Wednesday, Estes and her lawyer called a news conference as part of their effort to persuade Alden Village officials to turn over documents related to the girl’s and others’ care.

Also Wednesday, they produced state documents they say show Estes’ niece was abused over a 10-month period, including being covertly put on birth control by an Alden Village staff member.

Moreover, they allege, Alden Village coveraged up the girl’s abuse as well as that of others dating back to 1995.

An Alden official defended the 109-bed facility but declined to address specific allegations related to the lawsuit or other state criticisms.

As for the lawsuit, Alden Vice President for Community Relations Phyllis Stamper said, “About all I can say is that case is in litigation and it is defensable.”

Alden Village, in state records, disputes some of the accusations. Under a doctor’s advice, Estes has removed her niece from Alden Village and placed her in another facility.

The doctor’s conclusion that she had been sexually assaulted automatically triggered a police report, but the status of the investigation remained unclear Wednesday. No one has been charged.

The girl’s case also triggered a state health department investigation that found numerous problems at Alden Village, but Estes and attorney Richard Rogich produced state records showing state investigators had found serious problems years before. And a state health spokesman said they’ve found new problems since.

However, that spokesman, Tammy Leonard of the Illinois Department of Public Health, said Wednesday she would need several days to review state records to determine what if any action had been taken.

Alden Village’s license “is not currently in jeopardy,” she said. “Our goal isn’t to shut a facility down because often it isn’t in the best interest of the residents. So we do the best we can to work with a facility to make sure they get back into compliance.”

According to state records, state health investigators cited Alden Village for violating state laws, federal standards or its own license on numerous occasions between 1995 and last month. Among their findings:

• Seven deaths and 98 emergency room visits weren’t reported to health officials as required by state law.
• Improper bathrooms and overcrowded bedrooms remained in use months after company officials were told they were in violation.
• Unexplained injuries – ranging from a boy’s lacerated male genitals to a girl’s scalded genitals and a boy’s broken leg – weren’t thoroughly investigated.

In many cases, the violations were found by state health investigators during their annual review. In some cases, the trail of evidence had run cold and unexplained injuries remain “of unknown cause,” records show.

Health officials couldn’t substantiate abuse had occurred, so they were left to cite Alden Village for failing to report or investigate incidents.

For example, in February 1999, state investigators learned that a male resident suffered a 4-inch cut on his genitals the month before and was taken to Glen Oaks Hospital where he received eight stitches.

Investigators criticized Alden Village for not conducting a “thorough investigation” for an injury that had the “potential to involve abuse.”

Woman Sues Nursing Home Over Mother’s Death

Daily Herald
August 11, 2004
By Dave Orrick

The unsolved death of a 91-year-old suburban grandmother in 2003 isn’t so mysterious, according to a lawsuit filed in Cook county court Tuesday.

She was beaten by a nursing home worker, the suit alleges.

According to the suit, an unnamed worker or workers at Alden Valley Ridge Rehabilitation and Health Care Center Inc. in Bloomingdale beat Dorothy Gregory, formerly of Glendale Heights, on Jan. 17 or 18, 2003. She died from those injuries later that winter, the suit alleges.

Alden knew or should have known that other patients were being physically or mentally abused by staff, according to the wrongful death suit, filed by Gregory’s daughter, Linda Halloran.

Alden officials did not return phone calls seeking comment Tuesday evening.

Gregory died March 1, 2003, in a hospital. Nursing home doctors said the death was related to blood-thinning medication, Halloran said. Pointing to photographs showing large bruise-like markings over much of Gregory’s chest, Chicago attorney Richard Rogich, who represents Halloran, disagreed with the medication explanation.

“You don’t end up like that without being seriously man-handled,” he said Tuesday. “The (blood-thinning drug) could exacerbate the bruising, but there’s no way that this was entirely based on it.”

No autopsy was performed, and no one has been charged.

Bloomingdale police and the DuPage County state’s attorney’s office investigated, and after a year, prosecutors concluded there was probable cause that a battery occurred, but they had no suspect, and the case became inactive, officials have said.

In March 2003, the Illinois Department of Public Health, which regulates nursing homes, found that Alden Valley Ridge had failed to properly report an “allegation of suspected physical abuse” on a woman who suffered bruises on her chest and nose, records show. Rogich said that woman was Gregory. The 207-bed nursing home responded by saying it did report the abuse allegation to regulators and would review its procedures.

Tuesday’s suit seeks more than $50,000 in damages. It also names Chicago-based Alden Management Services Inc. and parent company, the Alden Group Ltd.

In November, Rogich filed a lawsuit against a different Alden facility, which he accused of covering up sexual abuse of a wheelchair-bound girl. That suit is still pending.

 

In response, Alden Village provided documentation saying it had thoroughly investigated and concluded there was no abuse. The hand-written investigation read, in part: “Based on interview and record verification – no resident injury could be proved – still possible that injury was self-inflicted.”

The male resident’s regular condition was such that he required his underwear be changed by staff, records show.

Today in Cook County circuit court, Rogich will demand Alden Village turn over internal records connected to the girl’s alleged abuse, which Rogich said the facility is withholding. The move is part of a negligence suit Estes filed last year.

Alden Village is among part of a privately owned chain of 29 Chicago-area care facilities for various age groups run by Alden Management Services, state records show. Alden has facilities throughout the suburbs, from Des Plaines to Long Grove to Naperville.

Stamper defended the company and Alden Village.

“We don’t tolerate abuse or tolerate abuse of residents’ rights at the facility,” she said. “I can assure you that the facility is committed to providing quality care.”

Alden Village remains under state scrutiny because investigators found fresh violations at a surprise inspections in July – and found many of the same violations remained during a follow-up last month.

Bloomingdale Police Cmdr. Tom Schrieber said officers sent a police report alleging Estes’ niece had been sexually abused to DuPage County prosecutors.

Prosecutors couldn’t be reached for comment and the status of the police investigation remained unclear Wednesday.

Estes said as soon as her niece moved from Alden Village to a different home, the self-abusive behavior stopped. But she worries other children may have been victimized.

Rogich and Estes Wednesday took their battle with Alden Village public in hopes of finding someone who can help identify her niece’s assailant.

Woman’s Family Sues Nursing Home

Daily Herald
August 12, 2004
By Dave Orrick

The day before, “Grams” had been smiling, alert and looking forward to the birth of her second great-grandchild.

Then the call came that she was hospitalized. Few details.

When Kim Hawes next saw her grandmother, Dorothy Gregory, the 91-year-old known as Grams wouldn’t open her eyes. She just lay in her bed at Alden Valley Ridge Rehabilitation and Health Care Center Inc. in Bloomingdale, where she had been for less than two years.

“The first thing I noticed was a small bruise across the bridge of her nose,” Hawes of Glendale Heights said Wednesday in the office of her lawyer. Then they saw more bruising, all over her chest. “We kept asking her, ‘What happened?’ She was using her firsts and swinging her arms and saying, ‘Stop hitting me. Stop hitting me.’ I thought, ‘Oh my God.’”

That was January 2003. Ever since, Hawes and her mother, Linda Halloran, have been trying to find out what actually happened to her grandmother, who died later that winter.

They’re convinced she was beaten by a worker at the nursing home, and Tuesday they filed a wrongful death lawsuit against the facility and its parent company, The Alden Group.

Phyllis Stamper, senior vice president of community relations for the Alden Group, said that because the company had not received the lawsuit, Alden officials could not comment on it or any circumstances surrounding Gregory’s care or death.

“We don’t tolerate violating residents’ rights or abuse of any kind, and delivering quality care is our highest priority,” she said of Alden’s 29 facilities throughout the suburbs, from Des Plaines to Long Grove to Naperville.

Hawes said she and Halloran hounded health officials, police and prosecutors to look into what happened to Gregory.

Officials with the DuPage County state’s attorney’s office have said they found there was probable cause to believe a battery was committed, but they had no suspect. No one has been charged, and the case is now considered “open but inactive.”

Crash Yields $1.4 Million Settlement

Times Staff Report
11/18/1991

CHICAGO – A fatal truck collision on the Calumet Expressway in South Holland has resulted in a $1.4 million award for the widow of the slain driver.

The case involved an Ohio man, Marion Hall, who was driving a semi-tractortrailer March 7, 1985, in one of the two southbound lanes of the expressway just north of its junction with Interstate 80. Hall, 59, died after a violent collision between his vehicle and a second semi driven by another Ohio resident, Gary Thomas.

The case against Thomas and his employer, National freight of Vineland, N.J., was argued by Richard Rogich, a native of the Southeast Side.

A Cook County Circuit Court jury hearing the two-week civil suit in November found that although Hall may have contributed to causing the accident, his widow, Norma Hall, was entitled to a $1.4 million judgment from Thomas, 50, and National Freight.

Norma Hall had sought damages in the amount of $4.3 million, Rogich said. The lone offer to settle the case before trial carried a payment of $17,500.

Rogich said Friday that although his task was hindered by a lack of eyewitnesses, he was able to convince the jury how the accident happened by reconstructing the collision from evidence found in its aftermath.

“The principles involved interpreting the position of the vehicles at impact, based on skid marks, pavement and roadway damage and damage to the vehicles,” Rogich said.

“We contended that Mr. Hall was in the left lane when the truck driven by Mr. Thomas abruptly changed lanes from the right into the left, cutting off Mr. hall and forcing him onto the left shoulder,” he said.

Seconds later, Marion Hall’s truck slammed into a concrete barrier with such force that his vehicle was sheared in half, with the cab rolling along the wall and then tipping over, crushing him, Rogich said.

David Johnson, the lawyer for Thomas, said he was preparing post-trial motions to block the award.

“we believe that the accident was caused by Marion Hall, and we certainly believe that the numbers returned by the jury were not supported by the evidence in the case,” Johnson said.

The evidence showed that Marion Hall’s truck approached Thomas’ truck from behind at a high rate of speed and then clipped the left rear of Thomas’ truck while swinging into the left lane, Johnson said.

Removal of Wrong Discs Leads to 2nd Surgery, Suit

Sunday Sun-Times
January 23, 2000
By Jim Ritter

Juanita Doss was recovering from back surgery at Michael Reese Hospital when she received some bad news.

Her surgeon, Doss learned, had operated on the wrong discs.

Doss filed a malpractice suit, and last September, a Cook County jury ordered her surgeon to pay her $2.4 million. It was the highest award on record in Illinois for the removal of the wrong disc, according to the Cook County Jury Verdict Reporter.

Doss had surgery in 1994 to correct two bulging discs in the middle of her back. A disc is the spongy tissue between vertebrae. The surgeon operated on two healthy discs, her lawsuit alleged.

Seven weeks after the operation, Doss had a second surgery at Northwestern Memorial Hospital. Doctors removed the bulging discs that should have been removed in the first operation, said Doss’ attorney, Rich Rogich.

Doss was left with “four consecutive holes in her spine,” Rogich said.

The defense argued that all reasonable efforts were made to locate the proper site and that operating on the wrong sites did not materially affect Doss’ condition.

Doss, 53, a former postal worker, cannot lift more than five pounds, stoop or bend. “I had to leave the job I love after 20 years,” she said.

She has trouble breathing cold air and recently moved from west suburban Hillside to California. She also suffers incontinence.

“I would prefer to have my health than the money I was compensated,” she said.

Nursing Home Sued in Death
Woman’s Family Alleges Beating

Chicago Tribune
August 12, 2004

The family of a 90-year-old woman who died last year says in a Cook County lawsuit that she was beaten by workers at a Bloomingdale nursing home in January 2003 and that those injuries contributed to her death.

The lawsuit, filed Tuesday, says Dorothy Gregory, formerly of Glendale Heights, was beaten by an employee in Alden Valley Ridge Rehabilitation and Health Care Center on Jan. 17 or 18.

Gregory suffered multiple hematomas and massive hemorrhaging, and was taken to Alexian Brothers Medical Center, where she remained in critical condition for five weeks, according to the family’s attorney, Richard Rogich. She died March 1.

The suit, filed by Gregory’s daughter, Linda Halloran, says the facility knew of the abuse and allowed it. The family is seeking more than $50,000 in damages.

Bloomingdale police and the DuPage County state’s attorney’s office investigated the beating complaint and determined there was abuse, but officials said there was not enough evidence to charge anyone.

A spokeswoman for Alden Management Services, which manages the nursing home, said that the facility has not been served with the lawsuit and that she could not comment on it.

She said the facility does not “tolerate violating residents’ rights or abuse of any kind.”

In the News – In Circuit Court

Chicago Daily Law Bulletin
November 21, 2001
Volume: 147 Issue: 229

A Will County jury on Tuesday awarded $5.6 million to a 47-year-old man, finding his doctors performed the wrong cervical spine operation.

The verdict is the largest award for an incorrect-disk operation in Illinois, more than twice the previous high verdict, according to John Kirkton, editor of the Cook county Jury Verdict Reporter.

John Murphy of Mokena underwent surgery for two herniated disks July 6, 1992, in Silver Cross Hospital in Joliet. His attorneys, Richard B. Rogich and Timothy M. Richardson of Richard B. Rogich & Associates, argued that neurosurgeon Lenard Rutkowski removed one of the herniated disks and an intact disk, making it necessary for Murphy to undergo further surgery in another hospital.

In an 11-day trial, the plaintiff argued that Rutkowski and radiologist Salvador Rinella, who helped interpret intra-operative X-rays, railed to take proper measures to locate the correct operative site.

James D. Grumley of Rooks, Pitts & Poust represented Rutkowski and his company, Neurosurgery Ltd. Rinella’s attorney was Sheldon A. Brenner of Brenner, Ford & Monroe Ltd. Judge Ludwig J. Kuhar presided over the trial. John Murphy v. Lenard Rutkowski, et al., No. 95 L 10397.

Chicago Daily Law Bulletin
August 15, 1996 Volume: 142 Issue: 161

A Cook County Circuit Court judge approved a $6.5 million settlement Thursday morning on behalf of a three-year-old south Side girl who was brain-damaged at birth through a hospital employees’ alleged negligence.

Jimmylah Allen’s family alleged that doctors at the University of Chicago Hospitals failed to properly and timely diagnose the child’s neonatal jaundice shortly after her birth in November 1992. The blood disorder ultimately caused the child to suffer from cerebral palsy and sensory-neuro hearing loss, according to the child’s attorney, Loop practitioner Richard B. Rogich.

Rogich alleged in the personal-injury suit that the hospital and nursing personnel ignored the mother’s complaints about her daughter’s problems, which could have been treated with a blood transfusion.

“Hospitals need to listen to their patients and recognize that even routine illnesses must be treated very seriously,” Rogich said.

The University of Chicago Hospitals were represented by Joseph A. Camarra of Cassiday, Schade & Gloor. Camarra was not available Thursday morning.

Circuit Judge William D. Maddux approved the settlement. Jimmylah Allen v. University of Chicago Hospitals, No. 93 L 11613.

Woman Awarded $2.4 Million for Botched Operation

Chicago Daily Law Bulletin
September 9, 1999 Volume: 145 Issue: 176

A woman who had surgery on the wrong part of her back has won a record $2.4 million jury verdict.

After deliberating two hours, a Cook County Circuit Court jury Wednesday announced its decision in favor of Juanita Doss.

The west suburban Hillside resident underwent the operation at Michael Reese Hospital on Jan. 5, 1994, to repair a herniated disc. However, the surgeon allegedly removed two other disks from her thoracic spine.

She also claimed in her medical malpractice suit against the hospital, neuro-surgeon martin G. Luken and two other doctors involved in the operation that she was not told about the error when she was discharged from the hospital.

The award is the largest on record in the state from the past 10 years for a case in which the wrong spinal disk was removed, said John L. Kirton, editor of the Cook Country Jury Verdict Reporter.

Although the correct operation was performed about a month after the first, at Northwestern Memorial Hospital by a different surgeon, Doss alleged permanent back and bladder problems as a result of the initial back surgery.

Doss, now 52, worked for the U.S. Postal Service at the time of her back operation but later moved to a less demanding job because of her problems from the surgery, according to Timothy M. Richardson. He is an associate of Richard B. Rogich, the lead lawyer representing Doss.

While no claim was made for lost earnings, the $2.4 million award was based on $1.95 million for past and future pain and suffering, $400,000 for disability and just over $90,000 for medical bills, Richardson said.

“It was a complicated case with a lot of difficult issues, and Rich Rogich tried a good case,” said Brian T. Henry, a Pretzel & Stouffer Chtd. Lawyer who represented surgeon Luken.

Henry said the law firm and its client have yet to decide whether to appeal from the verdict.

Michael Reese, which was represented by John N. Seibel of Cassiday, Schade & Gloor, received a directed verdict in its favor at the close of the plaintiff’s case.

In addition, the jury cleared the two other doctors involved in the operation. They were represented by Gail Alyn Omahana of Landau, Omahana, Tucker, Progar & Siebenhaar LLC and Douglas H. Momeyer of Hinshaw & Culbertson.

The case was heard before Judge Richard J. Elrod.

Juanita Doss v. Martin G. Luken, et al., No. 94 L 16993.

Record Pact in Drowning at City College

Daily Law Bulletin
January 7, 2000
By John Flynn Rooney

The family of a 9-year-old South Side boy who drowned in a pool at Kennedy-King College will share a record $3.1 million settlement approved by a judge Friday.

David J. Frieson was participating in a summer recreational program when he drowned in 13 feet of water on July 28, 1994, said Chicago attorney Richard B. Rogich, who represented Frieson’s survivors. The attorney said the boy was submerged for between four and six minutes before his body was removed from the pool.

The settlement “brings closure to this family,” Rogich added. “I think they’re grateful that this is resolved.”

Frieson is survived by his mother and three siblings. The largest chunk of the settlement, $1.55 million, will be paid by Fireman’s Fund Insurance Co., the insurer for the National Collegiate Athletic Association, which funded the program Frieson was participating in, Rogich said.

Chief Cook County Circuit Judge Donald P. O’Connell entered a settlement and distribution order in the case Friday.

The lawsuit alleged that the groups running the program failed to provide proper lifeguard supervision during a free swim for youngsters enrolled in the National Youth Sports Program at the college, 6800 S. Wentworth Ave. in Chicago.

The complaint also asserted that two lifeguards assigned to watch the deep end of the pool ignored the swimmers at the time of the incident, Rogich said. One of the lifeguards allegedly abandoned his post to take a telephone call from a colleague in a nearby office, while the other male guard socialized with a female counselor who worked for the program, he added.

Rogich contended that essential safety equipment and resuscitation devices required by state law were not located by pool at the time of Frieson’s drowning.

The incident “could have been prevented by just simply having the guards stand in their posts and scan the pool,” said Rogich, who heads a law firm bearing his name. He was assisted in the case by his associate, Timothy M. Richardson.

Besides the NCAA, the other defendants named in the suit are The National Youth Sports Program Fund, the four lifeguards on duty the day of the incident, and the Board of Trustees of Community College District 508, doing business as the City Colleges of Chicago, which includes Kennedy-King College.

Under the settlement, TIG Insurance Co., the carrier for the sports program fund and lifeguards, will contribute $1 million, while the self-insured community college board will $550,000, Rogich said.

The defendants did not admit liability as part of the settlement agreement, Rogich added.

Douglas A. Miller, a Williams & Montgomery Ltd. partner who represented the defendants, was said to be on trial and could not be reached for comment early Friday afternoon.

The Frieson lawsuit represents the highest reported settlement in a drowning case in Illinois, said John Kirkton, manager of the Cook County Jury Verdict Reporter. The case is Glenda Frieson, et. V. The National Youth Sports Program, et al., No. 95 L 888.

The previous record settlement came in 1988 when $1.8 million was awarded to the family of an 11-year-old boy who drowned in the Lower Wisconsin River while on a canoe trip sponsored by the Boy Scouts of America. The full settlement amount in the Cook County case was paid by the self-insured Boy Scouts, said Kevin P. Durkin of the Clifford Law Offices, who represented the plaintiffs in Christiana Nwankpa, etc. v. Tom Nelson, et al., No. 90 L 11832.

In the News – In the Collar Counties

Chicago Daily Law Bulletin
November 21, 2001
Volume: 147 Issue: 229

A Will County jury on Tuesday awarded $5.6 million to a 47-year-old man, finding his doctors performed the wrong cervical spine operation.

The verdict is the largest award for an incorrect-disk operation in Illinois, more than twice the previous high verdict, according to John Kirkton, editor of the Cook county Jury Verdict Reporter.

John Murphy of Mokena underwent surgery for two herniated disks July 6, 1992, in Silver Cross Hospital in Joliet. His attorneys, Richard B. Rogich and Timothy M. Richardson of Richard B. Rogich & Associates, argued that neurosurgeon Lenard Rutkowski removed one of the herniated disks and an intact disk, making it necessary for Murphy to undergo further surgery in another hospital.

In an 11-day trial, the plaintiff argued that Rutkowski and radiologist Salvador Rinella, who helped interpret intra-operative X-rays, railed to take proper measures to locate the correct operative site.

James D. Grumley of Rooks, Pitts & Poust represented Rutkowski and his company, Neurosurgery Ltd. Rinella’s attorney was Sheldon A. Brenner of Brenner, Ford & Monroe Ltd. Judge Ludwig J. Kuhar presided over the trial. John Murphy v. Lenard Rutkowski, et al., No. 95 L 10397.

Parties Reach $2.7 Million Accord Over Deadly Construction Accident

Chicago Daily Law Bulletin
October 12, 2007 Volume: 153 Issue: 201
By John Flynn Rooney
Law Bulletin Staff Writer

A $2.7 million settlement has been reached in a case involving a construction accident in Aurora in which one heavy equipment operator was killed and another suffered injuries, according to the plaintiff’s attorneys.

The Oct. 25, 2001, accident occurred at the site of a land development project. A 25-foot high soil pile collapsed, resulting in the death of Roger Browicz, 51, and crushing injuries to Jedediah Lawrence’s back and pelvis, according to plaintiffs’ attorneys.

Both men were employees of Ryan Incorporated Central, an excavating company hired by Inland Real Estate Development Corp., the construction projects manager, and Montgomery road Development, owner of the property.

The work related to the soil pile was necessary because a portion of it was blocking a future cul de sac that the Ryan employees were hired to subgrade, the attorneys said.

The two men were taking measurements to determine if sufficient soil had been removed near a vertical wall created by bulldozers cutting into the pile, the attorneys added. While Borowicz and Lawrence were measuring, part of the soil wall collapsed and buried them, said Timothy M. Richardson, who along with Richard B. Rogich, both with Rogich & Richardson Ltd. In Chicago, represented the plaintiffs.

The plaintiffs mainted that the work on the soil pile was a side job not covered under a written contract between Montgomery and Ryan Inc., which was not signed until after the accident.

The plaintiffs further asserted that the defendants failed to exercise ordinary care for their safety.

The case settled on Wednesday in the midst of a jury trial before Cook County Circuit Judge Daniel M. Locallo. Under the settlement, the Borowicz family will receive $2.4 million, with a waiver of about $300,00 in workers’ compensation liens, Richardson said. Borowicz is survived by his wife, Virginia, and two children.

Lawrence, now 27, will receive $300,000, plus a waiver of a $115,751 workers’ compensation lien.

Inland Real Estate and Montgomery road Development are represented Byron D. Knight and Elizabeth A. Knight, both partners with Knight, Hoppe, Kurnik & Knight Ltd. in Des Plaines. Scott B. Krider, a partner with Querrey & Harrow Ltd., represents Ryan Incorporated.

Inland Real Estate and Montgomery Road Development filed a third-party complaint against Ryan, Richardson said. Virginia Borowicz, etc, et al., v. Inland Real Estate Development Corp., et al., No. 03 L 3221, consolidated with No. 03 L 3224.

Medical Malpractice – Short Neck No Excuse for Wrong Disc Excision
John Murphy v Dr. Lenard Rutkowski, Neurosurgeons Ltd., Dr. Salvador Rinella
95L-10397
Tried Nov. 20, 2001

2001-2002 Illinois Jury Verdicts Award
December 15, 2001
Law Bulletin Publishing Company

Verdict:	$5,646,360 v all defts ($38,360 past medical; $90,000 future medical; $2,900,000 pain & suffering; $1,500,000 disability; $234,000 past LT; $884,000 future LT). Special Interrogatory; Do you find any negligence by deft, Dr. Salvador Rinella, was the proximate cause of plaintiff’s injury? “Yes.”
Judge:	Ludwig J. Kuhar (IL, Will 12th Jud Cir)
Plaintiff's Attorneys:	Richard B. Rogich and Timothy M. Richardson of Richard B. Rogich & Associates DEMAND: $2,000,000 AKSED $5,646,360
Defendant's Attorneys:	James D. Grumley of Rooks, Pitts & Poust (Joliet) for Rutkowski, Neurosurgeons Ltd. (ISMIS); Sheldon A. Brenner and Teresa R. Maher of Brenner, Ford & Monroe for Rinella (ISMIS) OFFER: SR $250,000-$300,000 (indiciated)
Plaintiff MEDL:	Dr. George R. Cybulski (Neurosurgeon) and Dr. Timothy R. Lubenow (Anesthesiologist)
Plaintiff's Experts:	Dr. Gary J. Lustgarten (Neurosurgeon) and Dr. Henry Pribram (Neuroradiologist)
Defendant's Experts:	Dr. George Dohrmann (Neurosurgeon) and Dr. Michael Mikhael of St. Joseph Hospital, 2900 N. Lake Shore Drive, Chicago, IL (773-665-3240) (Neuroradiologist) for all defts
Facts:	July 6, 1992, pltf M-38 truck driver was admitted to Silver Cross Hospital in Joliet for the surgical excision of herniated discs at C5-6 and C6-7 which resulted from an October 1991 work accident. During the surgery, neurosurgeon deft Dr. Rutkowski operated at levels C4-5 and C5-6. Pltf introduced evidence that efforts were made to conceal the errant surgery from him, including several letters that Dr. Rutkowski wrote to other medical care providers over a year after the surgery stating that he operated at C5-6 and C6-7. Pltf did not find out that the wrong surgery was performed until nine months later when he was told so by another doctor that was not involved in the original procedure. Pltf subsequently underwent surgery on May 31, 1994, for excision of the C6-7 herniated disc at Northwestern Memorial Hospital, leaving him with three consecutive fused discs, permanent radiculopathy and severe limitations in all aspects of cervical range of motion ($38,359 medl., $234,000 past LT, $884,000 future LT). Pltf argued that all defts failed to procure adequate intraoperative x-rays for localization, that defts attempted to localize from inadequate films and incorrectly localized during the surgery resulting in the wrong surgery being performed. Dr. Rinella was the radiologist who helped interpret the x-rays. Defense contended that all reasonable measures were taken to localize the operative site, that Mr. Murphy’s size (6’3’’ and 250 lbs.) and short neck precluded defts from getting adequate lateral x-rays that the standard of care had been met, and that the failure to operate at the correct level did not materially affect pltf’s outcome and current condition. Defense further argued pltf’s original injury was serious and would have left him with two levels fused and significant disability regardless of the errant surgery. Defense alleged pltf was not disabled to the extent claimed and presented videotape evidence showing pltf lifting metal filing cabinets and crawling around in the back of his truck. The jury deliberated for about 6 hours. COMPARISON: This is the highest Illinois verdict reported for an incorrect disc excision (prior high was $2,440,868 in RR 4/1). Note: For a summary of subsequent appellate action regarding this case, see the Jury Verdict Reporter’s Appellate Review of Damages at 7 ARD 2.

Work Injury – Carpenter clipped by Crane’s Cargo At construction Site

2006-2007 Illinois Jury Verdicts Award
Law Bulletin Publishing Company

Case:	Kurt Wallraf v Edward Hines Lumber company v W.A. Anderson Company 03L-13488 (refilled from 00L-961) Tried November 4-15, 2005
Verdict:	$771,022 ($225,000 past and future pain & suffering; $200,000 disability; $52,022 medical expenses; $94,000 past LT; $200,000 future LT). Jury apportioned liability 85% v Edward Hines Lumber and 15% v 3rd party deft W.A. Anderson.
Judge:	Donald J. O’Brien, Jr. (IL Cook-Law)
Plaintiff's Attorneys:	Timothy M. Richardson and Brian J. Graber of Rogich & Richardson (Chicago) for Wallraf Demand: $700,000 - $500,000 (indicated) Asked: $1,404,763
Defendant's Attorneys:	James F. Donovan of Kralovec & Marquard (Chicago) for Edward Hines Lumber Company (Crum & Forster) Offer: $300,000; J. Murray Pinkston, III of Stone & Moore (Chicago) for W.A. Anderson Company (Illinois Guaranty Fund)
Treating Doctors:	Called by Plaintiff – Dr. Marvin Fetter (Orthopedist), Teresa Matias, P.T. (Physical Therapist), and Steve Coletti, P.T. (Physical Therapist) for Wallraf
Plaintiff's Experts:	Dennis Puchalski (Safety) for Wallraf
Facts:	November 16, 1999, pltf was working at Kingsport Woods, a residential development construction site in Gurnee. He was a seasonal carpenter employed by W.A. Anderson earning $31,000 a year. Deft Edward Hines Lumber co. was delivering roof trusses purchased by Anderson to the jobsite, and Hines provided a crane and a crane operator to lift the trusses to the home’s roof. Pltf and his brother stood on the walls of the partially built home and landed seven or eight bundles of trusses without incident. When the last bundle of trusses was lifted, pltf claimed the crane boom was not long enough to reach the intended landing spot, so he and his brother had to push and pull the trusses into position while the crane operator lowered the load. After the bundle was landed into position, pltf walked away to get some braces, at which time the crane operator allegedly jerked the load in an upwards fashion causing the load to swing into pltf’s knee. Pltf M-38 sustained multiple injuries to his left knee: a torn meniscus requiring two arthroscopic surgeries, a partial anterior cruciate ligament tear (unoperated), displacement of a chondral cartilage piece, and progression of knee chondromalacia, requiring 15 months of physical therapy. Pltf was given permanent restrictions from squatting, kneeling and unnecessary stair climbing, and he claimed he can no longer work as a carpenter ($52,022 medl. Expense, $154,058 past LT, $348,683 future LT). Pltf’s brother, who was at the other end of the load, did not see the trusses strike pltf but did feel the load shift. The crane operator testified that his jib (an extension piece to the crane’s boom) was bent and not usable, and he had complained to his supervisors about the bent jib prior to the occurrence but it was not fixed. Pltf contended the crane at issue violated OSHA regulations and the operator was not properly trained in accordance with certain standards. Hines denied the incident occurred since the only witnesses were pltf’s brother and friend, pltf did not report the accident until more than a month later when he was laid off from the job, he did not see a doctor until six weeks after the occurrence, and he continued to work for those six weeks without problems or restrictions. Defense for Hines argued the jib was not necessary because all previous truss bundles were successfully landed without incident, and called pltf’s foreman to testify that jibs were never needed or used on this type of home. The foreman also testified pltf did not limp or appear injured while working full-time on the job for the next six weeks. Defense filled a 3rd party claim against pltf’s employer, claiming Anderson was negligent and contributed to pltf’s injury by failing to have enough carpenters on the roof to safely land the trusses. Defense for Hines further denied pltf could not longer work as a carpenter because he had performed carpentry duties for two subsequent employers, maintained the primary reason he had not worked was due to the fact he did not have a driver’s license since 1998, and claimed that pltf was malingering. Pltf is currently employed as a home construction field superintendent. The developer, Kingsport Woods Development, was a former co-deft which settled out before trial for $75,000.

Work Injury – Electrician Jolted by Cement Hose – Shoulder Verdict High

2007-2008 Illinois Jury Verdicts Award
Law Bulletin Publishing Company

Case:	Thomas J. Stevens v Martin Cement Company, Patrick Minner, Meyer Material Company, Richard Rosendahl 02L-9585 Tried July 18-August 1, 2006
Verdict:	$3,808,727 v all defts ($1,700,000 disability; $300,000 past pain & suffering; $750,000 future pain & suffering; $97,814 past medical expenses; $119,912 past LT; $841,000 OCV future KT). Jury apportioned liability 75% v Martin Cement and Minner, 25% v Meyer Material and Rosendahl. However, Meyer Material and Rosendahl settled out for $250,000 during jury deliberations.
Judge:	Daniel M. Locallo (IL Cook-Law)
Plaintiff's Attorneys:	Richard B. Rogich, and Timothy M. Richardson of Rogich & Richardson (Chicago) Demand: $2,200,000 Asked: $4,200,000
Defendant's Attorneys:	Adam S. Kreuzer of Meyer, Kreuzer (Wheaton) for Martin Cement Company and Minner (Westfield Insurance) Offer: $500,000; William A. Geiser of Johnson & Bell (Chicago) for Meyer Material Company and Rosendahl (National Union Fire Ins.) Offer: $125,000
Treating Doctor:	Called by Plaintiff – Dr. Brian J. Cole (Orthopedist)
Treating Doctor:	Called by Defendants – Dr. Richard Mannion (Orthopedist)
Plaintiff's Experts:	Dennis Puchalski (Construction)
Defendant's Experts:	Dr. Mark Hutchinson (Orthopedist), and James F. Boyd (Vocational Rehabilitation) for all defts
Facts:	November 28,2001, pltf electrician was working at a construction site for a building addition at Percy Julian Middle School in Oak Park. As he emerged from a tarped area and was walking to a canteen truck during break time, he was struck by a ten-foot long cement hose as it dropped from above him. The hose was thrown by deft Minner, a cement finisher foreman for Martin Cement, who had been pouring concrete on the roof of the building and the third floor. Minner claimed deft Rosendahl, a pump truck operator on the ground employed by Meyer Material, was his spotter, and claimed Rosendahl told him the area was all clear and it was safe to throw the hose. Pltf M-42 sustained right shoulder impingement and a torn labrum (shoulder cartilage), and he later developed lateral epicondylitis (tennis elbow) and ulnar neuritis of the right elbow ($97,814 medl. Expense, $119,912 past LT). Pltf’s expert contended there were multiple OSHA violations, the hose should never have been thrown, and the area on the ground should have been roped off or barricaded. Deft Rosendahl denied it was his job to be Minner’s spotter and maintained he never gave the all-clear. All defts argued that pltf merely suffered a shoulder contusion which resolved within six weeks and asserted his current injuries were actually caused by pre-existing medical problems due to twenty years of repetitive work activities prior to the occurrence. Award is the highest Illinois verdict in JVR records for an adult shoulder injury (newborn brachial plexus cases excluded). UPDATE: On March 1, 2007, the case settled for a total of $3,941,676 (verdict amount plus $132,950 interest accumulated since the date of verdict).