Areas of Practice:
Commercial Litigation; Product Liability; Personal Injury; Medical Malpractice.
Bar Admissions:
Illinois, 1990
Indiana, 1990
U.S. Court of Appeals for the Seventh Circuit,2007
U.S. District Court Central District of Illinois, 2004
U.S. District Court Southern District of Illinois, 2004
U.S. District Court Northern District of Illinois, 1990
U.S. District Court Northern District of Illinois Trial Bar, 2005
U.S. District Court Northern District of Indiana, 1990
U.S. District Court Southern District of Indiana, 1990
Education:
Indiana University at Bloomington School of Law, Bloomington, Indiana, 1990
Doctor of Jurisprudence
Honors: Cum laude and Order of Barristers
Indiana University, Bloomington, Indiana, M.A., 1987
Indiana University, Bloomington, Indiana, B.A., 1983
Listings:
Martindale-Hubbell Law Directory A.V. (highest) rating.
Illinois Super Lawyers.
Published Works:
Indiana Trial Evidence Manual, Michie, 1989-1991 (co-author)
Representative Cases:
Robert and Patricia Cummings v. Dr. Giri Gireesan. Circuit Court of Cook County, Judge James Flannery, Jr. Verdict: $1,473,500 for the Cummings. Clients: Robert and Patricia Cummings. Defense counsel was Michael Wagner of Baker & McKenzie. Facts: Robert Cummings was badly injured in an auto accident on July 1, 1987, while working as an IDOT Minuteman. He was taken to the Northwestern Memorial Hospital Emergency Room and found to have suffered a fractured left hip, and pelvic fractures at the symphis pubis and the sacro-iliac joint on both the right and left. He was stabilized, but was found to have severe nerve damage to his left leg, damage which was permanent. He had no known problems with his right leg and hand. On July 9, 1987, he was taken to the operating room for the repair of his left hip fracture and pelvic fractures and emerged from the thirteen hour surgery with nerve damage to his right side, a permanent drop foot and ulnar nerve impairment. We alleged that Dr. Gireesan failed to properly protect the right leg during surgery, and failed to timely treat the ulnar nerve injury at the elbow. The defense claimed that the right foot drop was the result of pelvic fracture implications, argued that it was a risk of surgery, and argued that the right leg could not have been damaged in surgery because of the type of table that was used. The defense claimed that Dr. Gireesan properly treated the ulnar nerve lesion by prescribing therapy and claimed that a surgical release was not required. Highest offer was $300,000. Lowest demand was $1,000,000. Tried September 20, 1999 through October 5, 1999. Reported in West Group's Verdicts, Settlements & Tactics , Vol. 19, No. 11, pp. 493-494, November 1999.
Peterson v. The Goodyear Tire & Rubber Company. Tried in the Circuit Court of Cook County, Illinois. Client: Goodyear. Second chaired. A Goodyear franchisee repaired a tire improperly. The tire failed catastrophically during highway use, contributing to a rollover and resulting in one passenger being rendered a C5 quadriplegic. Plaintiff claimed Goodyear inadequately trained and supervised its franchisee. Not guilty for Goodyear; co-defendants as settled prior to trial for $2.5 million. Tried April 4 to May 4, 1995. Case was reported in the National Law Journal on June 19, 1995, and in the BNA;s "Product Safety and Liability Reporter," Vol. 23:23, pp. 614-615, June 16, 1995.
Yoder v. Roundy's Inc., Circuit Court of Cook County, Illinois, 2004. Represented Roundy's, Inc., opposing counsel Kevin Durkin and John Karnezis of Clifford Law Office. Co-counsel with Barry Montgomery for Roundy's in suit seeking $110 million in damages for multiple catastrophic injuries and a death resulting from a 15 car pile up on Interstate 90. Verdict of $10.3M against Roundy's, Inc. was one-half the lowest pretrial demand.
Holmes v. The Goodyear Tire & Rubber Company, United States District Court for the Northern District of Illinois. Client: Goodyear. Second chaired. Plaintiff asked jury for $1,500,000 for two operated herniated cervical discs and permanent chronic pain syndrome. Jury found for Goodyear. Two week trial, February 1998. Case was reported in the "National Jury Verdict Review & Analysis" Reporter, Vol. 13:3, at pp. 36-37, March 1998.
Sanders v. The Goodyear Tire & Rubber Company, et al., Circuit Court of Cook County, Illinois, 2003. Represented Goodyear, opposing counsel Keith Davidson and Christopher Mullen. A Ford E350 van rolled over causing one death and an amputation to a 14 year old female. Defective tire was alleged to have blown out. Case settled for 1 percent of lowest demand shortly before trial.
Roger Jackson, Special Administrator of the Estate of Janet Jackson v. Dr. Basil Chronis, in the Circuit Court of Cook County, Illinois. Settled on May 14, 1999. Client: Roger Jackson. Defense counsel: Dominick Savaino and John Raith of Clausen Miller P.C., Chicago. Janet Jackson presented to her obstetrician & gynecologist in November 1987 at her 6 week postpartum examination after the birth of her fourth child, whom she was breast feeding, and told him that she had a lump under her left arm. Dr. Chronis, who had delivered all of Janet Jackson's four children, told her that it was a clogged milk gland and to return if it got worse. Nine months later the lump became painful. Since she had to wait four weeks for an appointment to see Dr. Chronis, she went to her husband's physician who immediately scheduled her for a biopsy. The biopsy showed that the lump was cancerous, and one month later she was diagnosed with Stage IV melanoma. Janet Jackson died in March of 1989. Chronis had $1,000,000 in coverage. The case settled for $950,000 after the discovery depositions of the defendant's nationally known experts were concluded.
Lahey v. Northern Illinois Clinical Laboratory, in the Circuit Court of Cook County, 98 L 4706. Settled on June 20, 2001 for $250,000. Defense counsel: Thomas R. Hill of Rooks, Pitts and Poust; then John M. McGarry of Hickey, Melia & Kurfirst, Chtd., and Brian T. Henry of Pretzel & Stouffer, Chtd. The Clinic, and two pathologists employed by it, misdiagnosed a melanoma lesion as a benign mole. The sample was submitted by a plastic surgeon, and the pathology report that was sent back to the plastic surgeon from the defendants described the lesion as benign. As a result, the plastic surgeon did not perform a wider excision, which was the standard treatment for the type of melanoma lesion the plaintiff had, and the lesion recurred one year later and eventually spread to the plaintiff's axilla lymph nodes requiring a lymphenectomey.
Castineiras v. Swedish Covenant Hospital, Dr. Muhammud Saudye,Dr. Barbara Brotine, and the Medial Care Group. Circuit Court of Cook County, 96 L 06096, settled for $950,000 on July 12, 2001, after it was assigned for trial. Defense Counsel: James M. Hofert of Hinshaw & Culbertson; John N. Seibel of Cassiday, Schade & Gloor; Robert H. Smith and Vito M. Masciopinto of Lowis & Gellen. On April 24, 1995, Raquel Castineiras, a thirty year old who had delivered her second child three months before, presented to her internist, Dr. Brotine, after a week of complaints of shortness of breath, chest pressure, and fatigue. Dr. Brotine prescribed Zantac for gastroesophageal reflux. On April 25, 1995, Raquel collapsed at work after suffering what plaintiff asserted was a massive myocardial infarction. Upon arrival at Swedish Covenant Hospital, an acute myocardial infraction was diagnosed by EKG, but the appropriate TPA treatment was not initiated for two hours. Raquel died six hours after being admitted. The defense had contended that the absence of an autopsy made it impossible to rule out myocarditis or coronary artery dissection as alternate causes of death. Dr. Brotine had contended that she complied with the standard of care in not ordering an EKG on April 24, 1995, because the risk factors for cardiac disease in Raquel were virtually nonexistent.