February 2010

HPS Attorneys Involved in Monumental Supreme Court Decision Finding Cap on Non-Economic Damages in Med Mal Cases To Be Unconstitutional

In a long awaited decision, the Illinois Supreme Court in Lebron v. Gottlieb Memorial Hospital, filed February 4, 2010, held that the statutory cap on non-economic damages in medical malpractice cases is facially unconstitutional. Two justices dissented. The essence of the Opinion is at the bottom of page 23:

We hold that the limitation on non-economic damages in medical malpractice actions set forth in section 2-1706.5 of the Code violates the separation of powers clause of the Illinois Constitution. (Ill. Const. 1970, art. II, § 1) and is invalid. Because the Act contains an inseverability provision…we hold the Act invalid and void in its entirety.
The fundamental premise of the majority opinion authored by Chief Justice Fitzgerald is that the cap on non-economic damages violates the separation of powers clause "because it unduly encroaches upon the fundamentally judicial prerogative of determining whether a jury's assessment of damages is excessive within the meaning of the law."

In making this determination, the majority relied almost solely on the Supreme Court's prior decision in Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997), wherein the Court reached the same conclusion with respect to the broad non-economic statutory damage caps struck down in that case.

The Lebron majority acknowledges that in Best the statute was initially determined to be unconstitutional special legislation, and that therefore the separation of powers analysis in Best was "judicial dictum." (p. 13). But the majority nevertheless follows this dictum in Best and rejects all of the defendants' attempts to distinguish Best.

Justice Karmeier, joined by Justice Garman, authored the dissent. The dissent would reexamine the separation of powers analysis in Best and find it wrong or inapplicable to the medical malpractice caps at issue here, as many other states have done.

HPS (David C. Hall, Hugh C. Griffin and Jacqueline B. Sharuzi) was co-counsel for Gottlieb in the Illinois Supreme Court. A Petition for Rehearing is pending.



January 2010

HPS Begins 2010 With DuPage Defense Victory

Partners David Hall and Jacqueline Sharuzi secured a defense verdict for two defendant obstetricians in DuPage County in a brain damaged baby case involving a twin delivery. Plaintiff alleged that the defendant physicians failed to deliver the second twin via emergency c-section and inappropriately delivered the baby with the assistance of vacuum and forceps, allegedly causing hypoxic brain damage to the second twin. At trial, the defendants argued that the second twin would not have been delivered significantly faster via c-section and that the minor plaintiff's condition was not caused by acute birth asphyxia. During closing arguments, the plaintiff suggested damages in excess of $8.7 million. The jury returned a "not guilty" verdict in favor of the defendant obstetricians, who were the only remaining defendants in the case after the defendant hospital settled with the plaintiff on the eve of trial.



December 2009

HPS Concludes a Successful 2009

HPS trial attorneys had a busy year, taking fifteen cases to verdict as well as winning multiple dispositive motions on a variety of cases ranging from wrongful death to dental malpractice. Of note, two HPS associates went to verdict on their first trials as primary counsel. The HPS Appellate Practice Group also had a successful year, securing affirmance of a defense verdict as well as dismissal of a re-filed action. Additionally millions of dollars in remittiturs from Cook County judges were secured through the efforts of the HPS Appellate Practice Group.

HPS expanded the scope of its practice as well as its numbers in 2009. Four new partners and five new associates were welcomed firm wide. The Employment Law Practice Group offered its first comprehensive seminar for clients on new employment law issues.

Now in its seventh year, HPS continues to demonstrate its strong commitment to client service and satisfaction through the provision of exceptional legal services. HPS looks forward to continuing its success in 2010 and wishes all a Happy New Year!



November 2009

HPS Successful Against Allegations of Memory Loss in Vegas

HPS Partners, Mike Prangle and Ken Webster obtained a defense verdict in Las Vegas, Nevada in Staccato v. Valley Hospital. Plaintiff fell in the emergency department following an injection of a pain medication, allegedly striking his head resulting in a complete loss of both short- and long-term memory. Plaintiff contended he told the nurse before the injection that he had a fear of needles and would pass out if she injected him. The nurse interpreted the patient's statement as a joke or exaggeration and administered the injection after the patient braced himself for the injection. The defense argued the Plaintiff staged the fall and was a classic malingerer with regard to his complaints of memory loss. The case was being tried following remand from a Supreme Court decision overturning the directed verdict the defense obtained during the first trial. HPS was brought in to defend the case a mere 30 days before the commencement of trial. Plaintiff asked for $3 million in lost income and pain and suffering. The Jury returned a defense verdict, specifically finding the nurse complied with the applicable standard of care when administering the injection of pain medication.



HPS Successfully Defends Dental Malpractice Suit

HPS Partner Mike Prangle and Associate Casey Tyler secured a defense verdict in Las Vegas, Nevada in Turner v. Drew Richards, DDS. The plaintiff, purportedly a professional performer, sought a full mouth reconstruction from Defendant so that she could have a "tooth paste smile." As a result of the ensuing treatment, Plaintiff alleged Dr. Richards performed the reconstruction improperly; specifically that the teeth were placed too large, were placed improperly and caused extreme pain and discomfort. Plaintiff claimed she was forced to seek additional dental care at a cost of $118,000, incurred lost wages in excess of $1.5 million due to lucrative touring/recording opportunities with internationally known artists and suffered extreme pain and discomfort. The defense argued that Dr. Richards complied with the applicable standard of care in utilizing neuromuscular dentistry; a method entirely discounted by the Plaintiff, and effectively impeached the credibility of Plaintiff's witnesses, including Plaintiff's subsequent treating dentist. Following the six day trial a defense verdict was reached after 10 minutes of deliberation.



HPS Obtains Not Guilty Verdict in Institutional Negligence Claim

HPS Partners Ben Patterson and Jacqueline Sharuzi recently obtained another HPS defense verdict in DuPage County. The case stemmed from sexual encounters between an employed mental health counselor and a seventeen-year-old patient in a psychiatric hospital. The employee was convicted of criminal sexual assault and sentenced to nine years in prison. After obtaining summary judgment as to the vicarious liability and the negligent hiring allegations, the case went to trial on institutional negligence claims, mainly negligent supervision and negligent retention of a dangerous employee. Plaintiff claimed exacerbation of several pre-existing emotional and psychological problems. The defense asserted that the employee was properly trained and supervised, and there was no reason to know of the sexual encounters until the incidents were reported by another patient. Plaintiff's pre-trial demand was $2 million and the plaintiff asked the jury for $3 million.



October 2009

HPS Successfully Defends Hospital in Alleged Wrongful Death of Six-Day-Old

Attorneys David C. Hall and Bret C. Jessee obtained a defense verdict in the wrongful death of a six-day-old in Stec v. Central DuPage Hospital. Plaintiffs alleged that physicians and nurses at Central DuPage Hospital failed to timely note signs and symptoms of a viral infection in a newborn. The slightly premature newborn, born at 36 weeks gestational age, was alleged to have had lab values and feeding patterns suggestive of illness or sepsis during the 48-hour birth admission. Two and a half days after his discharge home, the four-day-old infant returned to the hospital where he was later determined to have septic syndrome leading to septic shock and his eventual death at six days of life. The defense argued that the echovirus, for which there is no antiviral drug, would have led to the child's death regardless of diagnosis. The defense further argued that the child did not show any signs and symptoms of illness during the birth admission. The plaintiffs asked for $5 - $8 million.



HPS Welcomes Tawni J. Anderson as a Partner in its Salt Lake City Office

Ms. Anderson's practice is concentrated in health care liability defense, with a particular focus on neurological and neurosurgical issues. Ms. Anderson also brings significant experience in appellate advocacy to HPS, along with pre and post trial consulting regarding appellate issues and strategies in proceedings before state and federal appellate courts. HPS welcomes the addition of Ms. Anderson's expertise and experience to enhance its growing Utah office.



HPS Appellate Practice Group Successfully Defends Wrongful Death Defense Verdict

The Third District Court of Appeals has affirmed a HPS defense verdict in Watson v. Edward Hospital, Inc., No. 3-08-0043, a wrongful death case in which Ben Patterson was lead trial counsel. At trial, plaintiff claimed that Edward Hospital was negligent in discharging Mr. Watson without properly assessing his reaction to morphine, and that as a result, plaintiff suffered a slow spiraling respiratory depression and death. The defense argued that the doses of pain medications administered to Mr. Watson did not cause respiratory depression, but instead, may have unexpectedly blunted his sleep arousal mechanism during an unforeseen sleep apnea event. The jury ultimately returned a general verdict in favor of Edward Hospital. On appeal, plaintiff sought reversal due to various claimed trial errors. At his first oral argument before the Third District Court of Appeals, Jake Goldstein successfully argued that even if plaintiff's claimed trial errors occurred, the error was not prejudicial.



HPS Attorneys Receive Defense Verdict in Wrongful Death of a Minor

Attorneys David C. Hall and Jacqueline B. Sharuzi obtained a defense verdict in the wrongful death of a nine-month old in Brown v. Alexian Brothers Medical Center. Plaintiffs alleged that the defendants failed to provide timely resuscitation and treatment to the minor plaintiff when he arrived in the Emergency Department. Plaintiffs claimed that the child was dehydrated as a result of a rotavirus infection requiring immediate fluid resuscitation by way of an intraosseous needle because IV access through other methods could not be obtained. The defense asserted that the minor was compensating well during the time that he was in the ER, and did not need an IO line until the time that one was eventually placed. Moreover, the defense asserted that the minor's illness and subsequent brain injury was caused by three different infections, which led to the development of Toxic Shock Syndrome, a condition where the body's own defense systems become exaggerated and begin attacking the body's healthy, vital organs. Plaintiffs asked the jury for $18 million. The jury deliberated for under an hour and returned a defense verdict.



HPS Successfully Defends Dismissal of Wrongful Death Suit on Res Judicata Grounds

The First District Appellate Court affirmed the dismissal of plaintiff's refiled action based on the doctrine of res judicata in Goss v. LaRabida Children's Hospital & Research Center, No. 1-08-3105. In her initial complaint, plaintiff alleged that LaRabida was negligent in its maintenance of a minor's tracheotomy tube causing neurologic damage. In a separate count, the mother also sought loss of consortium damages. Laura Postilion successfully moved to dismiss with prejudice plaintiff's loss of consortium count, arguing that the Illinois law does not recognize a cause of action for loss of filial society arising from a nonfatal injury to a child. Plaintiff subsequently voluntarily dismissed the lawsuit. Plaintiff refiled the lawsuit and sought survival damages. Citing the Hudson v. City of Chicago and Rein v. David A. Noyes & Co. decisions, Ms. Postilion moved to dismiss plaintiff's refiled action, arguing that it was barred by the doctrine of res judicata. The trial court dismissed plaintiff's action with prejudice.

Plaintiff appealed the dismissal, claiming that her refiled action was shielded by one of the exceptions to the rule against claim splitting. Jake Goldstein, Hugh Griffin, and Laura Postilion crafted the response brief detailing the complex procedural history of the underlying litigation. The First District agreed with LaRabida that contrary to plaintiff's claim on appeal, none of the exceptions to the rule against claim splitting protected plaintiff's refiled action from the bar of res judicata.



September 2009

HPS is pleased to announce that David Reed has joined the firm as a Partner in its Chicago office.

Mr. Reed, formerly a partner in the Litigation Department and Product Liability practice group of Lord Bissell and Brook (now Locke Lord Bissell and Liddell), has more than 30 years experience in the trial arena, serving as lead litigation counsel in product liability and toxic tort litigation, commercial litigation, contract disputes and insurance coverage litigation. His trial practice is nationwide in scope, having served as defense counsel for cases in jurisdictions throughout the country and with trials in Alabama, Arkansas, California, Florida, Illinois, Oklahoma and Texas. Mr. Reed has defended public utilities and major manufacturers of various products, including aerial devices, automotive and truck equipment, components and systems of all types, farm equipment, food and beverage, medical devices, and windows and doors. He also has served as national, regional and local counsel for a number of clients in the automotive, automotive component, farm equipment and aerial device industries. In addition to his litigation experience, Mr. Reed has also counseled manufacturers and other business entities on loss prevention, document retention, quality control and accident investigation techniques as well as providing assistance with owners manuals, warnings and all aspects of recalls. Mr. Reed is an important addition to the depth and variety of legal resources that we provide for our business clients.



HPS congratulates David Ferrainolo on becoming its newest partner.

David Ferrainolo joined Hall Prangle & Schoonveld in 2004 and has concentrated his practice on defending complex medical malpractice litigation. He has a wide range of experience defending institutions whose employees are accused of sexual misconduct, as well as experience in defending premises liability and general liability claims. His current client base includes private hospitals, physicians, nurses, therapists and treatment centers. David's skilled approach to litigating complex cases is a welcome addition to the HPS partnership.



August 2009

HPS Associate Obtains First Defense Verdict

Associate T.C. Hosna recently obtained his first defense verdict in Torres v. Kohlmeier, M.D. Plaintiff alleged that she suffered a burn on her upper forearm as the result of a hot pack being improperly used when she sought treatment for a work-related injury. The defense argued that all necessary and appropriate precautions were taken to insulate the hot pack prior to application and denied that burns on Plaintiff's forearm were caused by the hot pack. After less than 30 minutes of deliberation, the jury returned a defense verdict.



May 2009

Another HPS Defense Verdict in a Cook County Wrongful Death Case

HPS partners Ben Patterson and Laura Postilion obtained a defense verdict in a medical malpractice wrongful death action involving the death of a 6-year-old boy in Van Thyne v. Loyola University Medical Center. The boy was severely physically and mentally afflicted with cerebral palsy and presented to a clinic on a Friday and Saturday and was seen by two separate pediatricians. The child had severely abnormal vital signs that included a fever of 105.7°, a heart rate of 200 beats per minute, a respiratory rate of 52 breaths per minute and an oxygen saturation of 92%. The doctors diagnosed pneumonia and elected to treat the child on an out-patient basis rather than hospitalization. Plaintiff’s experts opined that the child should have been hospitalized. On Sunday the child died at home apparently as the result of an acute aspiration event. Plaintiff’s pre-trial demand was $6 million and the defense offered $500,000 before trial. The jury deliberated for over 12 hours before returning a defense verdict.



April 2009

HPS Athlete Competes in the Boston Marathon

HPS congratulates Chicago Associate Tom Comstock who competed in the 113th Annual Boston Marathon on Patriot's Day, Monday April 20, 2009. The historic course takes runners from the small New England town of Hopkinton, into Wellesley, through the rolling hills of Newton, Massachusetts and finishes in downtown Boston. The Boston Marathon is the oldest marathon in the United States and draws runners from all 50 states and across the globe. Approximately 25,000 runners competed in this year's marathon. Tom qualified to run the Boston Marathon at the 2008 Chicago Marathon.



March 2009

HPS DEMONSTRATES THAT REMITTITUR IS ALIVE AND WELL IN THE CIRCUIT COURT OF COOK COUNTY.

In four Cook County cases over the last 12 months, HPS's appellate department headed by Hugh Griffin, has successfully obtained a total of $23.5 million in remittiturs from Cook County judges! The remittiturs in these four cases (none of which were tried by HPS), were as follows:

The catalyst for these reductions, particularly the loss of society awards, is the Illinois Appellate Court’s decision in Mikolayczyk v. Ford Motor Co., 374 Ill. App. 3d 646 (1st Dist. 2007). In that case, the Appellate Court held that a $25 million loss of society award for the death of a 46 year old decedent, who left a wife and two children, was excessive. The Appellate Court did not specifically determine the amount of the remittitur, but remanded the case to the trial court to determine the appropriate remittitur under the following guideline:
By way of guidance to the trial court, we would find it difficult to deem reasonable a loss of society award of more than seven figures in this case and would certainly find unreasonable an award of any more than one half of the loss of society award settled upon by the jury. Id.
The Mikolayczyk case was subsequently appealed to the Illinois Supreme Court and the Illinois Supreme Court reversed the appellate court decision on other grounds without reaching the remittitur issue. Nevertheless, in our most recent remittitur case, the trial judge still felt that the Mikolayczyk appellate court opinion provided guidance for his remittitur rulings. It should be noted that when a remittitur is entered, it is then up to the plaintiff to decide whether to accept or reject the reduced amount. If the plaintiff accepts the remittitur, the defendant can pay the judgment and end the case, as plaintiff has no right to appeal. However, if the defendant chooses to appeal the reduced judgment, then the plaintiff is entitled to cross-appeal the remittitur order. On the other hand, if plaintiff refuses the remittitur, the court will then order a new trial on the issue of damages.



February 2009

HPS Obtains Defense Verdict Despite 41 Minute Delay in Caring for Chest Pain Patient in ER

Attorneys Mike Prangle and Dave Ferrainolo received a defense verdict in a wrongful death of a 59 year-old man in Scheinbaum v. MountainView. Plaintiff, Morton Scheinbaum, presented to the Emergency Department at MountainView Hospital on November 4, 2005, with complaints of chest pain. Due to the ED being full at the time, there was a delay in admitting Mr. Scheinbaum to the treatment area, during which time he experienced a respiratory and cardiac arrest. The case was particularly of interest to the Media due to the claim that the hospital staff delayed treatment in order to obtain insurance information. The defense argued that triage nurses do not obtain insurance information, and in any event the triage was completed timely. The delay in treatment was occasioned by the ED being extremely busy that night, and the ED being short staffed due to two nurses calling in sick. The defense further argued that the nurses involved with Mr. Scheinbaum's care did the best they could under very difficult circumstances and complied with the standard of care. The defense further argued that due to plaintiff's severe coronary artery disease – two prior 5 X CABG procedures, and complete or near complete blockage of all of his coronary arteries – there was no treatment that was available that could have saved his life. The case was also of note because the Court allowed a punitive damages claim to go to the jury. Plaintiff's last demand was $1.9 million. MountainView offered $100,000 to settle the case prior to trial.



December 2008

HPS Attorneys Obtain Defense Verdict In Las Vegas Wrongful Death Case

Attorneys Ken Webster and Kate Vrabel obtained a defense verdict in the wrongful death of a 58 year-old man in Mason v. MountainView. HPS represented MountainView Hospital in Las Vegas against allegations of failing to properly monitor an ICU patient following extubation and report signs and symptoms of respiratory failure to a physician. The defense argued the nursing care complied with the standard of care and that the patient died of an acute process unrelated to respiratory failure. During closing arguments, Plaintiffs' counsel asked the jury for $3 Million. After less than 30 minutes of deliberation, the jury returned a defense verdict.



HPS Attorneys Obtain Defense Verdict in Cardiac Case

HPS partners Eric Schoonveld and Timothy Shanley recently obtained a defense verdict in the Estate of Alexander Ponzio v. Gottlieb Memorial Hospital, et al. against Tom Siracusa and Joe Balesteri of Power Rogers & Smith. On October 1, 2002, Alexander Ponzio, a dentist, presented to Gottlieb Memorial Hospital after 10 minutes of left scapular pain. Mr. Ponzio's workup in the ER was normal, but the physicians recommended admission to complete a series of cardiac enzymes. The patient's brother-in-law, a surgeon at another local hospital, allegedly told the ER doctors that he would take care of follow up. Mr. Ponzio was discharged and ten days later died of a sudden cardiac event. Plaintiff alleged the ER doctors failed to perform a sufficient work-up and admit the patient, and discharged him with inappropriate instructions. The defense argued that the ER physicians met the standard of care in their workup and treatment of Mr. Ponzio and further contended that Mr. Ponzio was appropriately instructed to follow-up with his physician. They also argued that Mr. Ponzio's death was due to an acute plaque rupture that occluded the left main coronary artery only minutes before his death, and was unrelated to the left scapular pain on October 1st. Plaintiff asked for $9 million plus pain and suffering. The jury returned a defense verdict after deliberating for 3 1/2 hours.



November 2008

HPS congratulates associates Kate Vrabel and Tom Comstock for completeing the Bank of America Chicago Marathon on October 12, 2008. The Chicago Marathon draws runners from all 50 states and more than 100 countries. The flat, fast 26.2 mile course offers a scenic tour of Chicago as it winds through 29 different neighborhoods. Both Kate and Tom braved the unseasonably warm temperature to complete the race.



HPS Attorney Obtains Defense Verdict In Bacterial Meningitis Case

New firm partner Michael Tarpey recently received a defense verdict in a case involving the death of a 26 year old mother of two in Gordon v. Cooper. Mr. Tarpey represented two attending ER physicians as well as the ER resident from the University of Illinois Hospital. The decedent presented to the ER complaining of a severe headache. The decedent's estate alleged that the death could have been prevented if a routine CBC blood test had been performed, which would have revealed an infectious process ultimately leading to the timely diagnosis of a very aggressive form of bacterial meningitis. Bacterial meningitis generally presents with headache, fever, stiff neck and altered mental status. The defense experts argued there was no indication for a CBC as the only symptom was a severe headache, the patient remained afebrile in the ER, and a blood count is not indicated on migraine patients. The trial, which lasted over two weeks, resulted in a victory for all six defendants. Plaintiff's counsel asked the jury to return a verdict of $11.7 million, and prior to trial plaintiff's demand was never less than $10 million.



October 2008

HPS Attorneys Obtain Defense Verdict on LASIK Litigation

HPS attorneys Jennifer Ries-Buntain and T.C. Hosna recently obtained a defense verdict in Rivera v. Caro, M.D.. Plaintiff alleged that it was unnecessary for Dr. Caro to perform a "cap cleaning" following LASIK eye surgery that resulted in imparied vision. The plaintiff's expert, Chief of Ophthalmology at Northwestern Memorial Hospital, testified that the cap cleaning caused scarring and a corneal flap melt. The defense argued that the cap cleaning was necessary because invasive cells had threatened the integrity of plaintiff's cornea. The defense experts denied that Dr. Caro's alleged negligence caused the claimed injuries, and testified that cell ingrowth is a known complication of LASIK. They also testified that plaintiff had a genetic disease that may have contributed to the healing problems in plaintiff's eye. The jury returned a defense verdict after deliberating for one hour during lunch.



Legal Creativity Leads to Another Dismissal

Laura Postilion has again succeeded in having a lawsuit dismissed with prejudice. In Goss v. LaRabida, plaintiff alleged that the LaRabida nursing staff was negligent for failing to keep two year old Cory Williams' tracheostomy tube clear of secretions, resulting in cardiorespiratory arrest and severe neurologic injury. With the assistance of TC Hosna, and with her characteristic persistence and creative motion practice, Ms. Postilion filed a series of dispositive motions that chipped away at the Wrongful Death Act claim, resulting in the dismissal of the Loss of Society count, the relinquishment of the Wrongful Death Act count, and ultimately forcing a voluntary nonsuit. When the plaintiff re-filed the action, additional motions paved the way for victory. The coup de grâce occurred upon filing of a motion to dismiss premised on the 2008 Illinois Supreme Court decisions Hudson v. City of Chicago and Rein v. David A. Noyes Co. The plaintiff's re-filed lawsuit alleged only Survival Act damages. Cook County Circuit Court Judge James Egan agreed with Ms. Postilion that the dismissal of the loss of society count in Goss I became final and appealable when the plaintiff voluntarily dismissed Goss I. The plaintiff did not appeal that ruling within 30 days of the voluntary dismissal. Following the logic espoused by our supreme court in Hudson and Rein, Judge James Egan ruled that the doctrine of res judicata applied to Goss II, thereby mandating the dismissal of the entire cause of action with prejudice. Plaintiff stated his intent to appeal Judge Egan's decision.



September 2008

HPS Congratulates New Partner Tim Shanley

HPS congratulates Tim Shanley on becoming its newest partner. Since joining Hall Prangle & Schoonveld, Tim Shanley has concentrated his practice in defense of hospitals, physicians, and other health professionals against medical negligence claims. Prior to joining the firm, he gained broad litigation experience focusing on premises liability claims, construction negligence claims and complex commercial disputes on behalf of small business owners, universities, family entertainment centers, recreational and sports centers, and amusement parks. Tim's variety of experience along with his leadership abilities and savvy litigation techniques are a welcome addition to the HPS partnership.

HPS Welcomes New Partner Michael Tarpey

HPS is happy to announce the addition of Mike Tarpey as partner. Mike Tarpey is an experienced trial lawyer specializing in the defense of catastrophic product liability and medical negligence claims. Mike has obtained several defense verdicts in multi-million dollar claims, including but not limited to, product liability, medical malpractice, construction, breach of contract, and transportation. Mike has also handled multiple mediations and arbitrations as well as arguments before the First District Appellate Court of Illinois and the United States Court of Appeals for the Seventh Circuit. Prior to joining HPS, Mike was a founding member of Donohue Brown Mathewson and Smyth, LLC from 1995 to 2008.



August 2008

HPS Athletes Compete in August

Partner Eric Schoonveld, his wife Shawna, and Associate Steve Alderman completed the X-terra Triathlon in Ogden, Utah. The X-terra Triathlon is a rugged, off-road triathlon. The race was on a course that featured a reservoir swim, more than 3,000 feet of bicycle climbing on rocky off-road mountain trails and a high-elevation trail run. X-terra claims its participants "Uncover nature one root, rock, and mud puddle at a time."

Partner Ben Patterson completed his fifth consecutive Accenture Chicago Triathlon. The Accenture Chicago Triathlon is the world's largest triathlon and includes a lovely one-mile Lake Michigan swim, dodging potholes on the high-speed Lake Shore Drive bicycle course and a lengthy 10k run through the city streets and Museum Campus.

Associate Kate Vrabel and her teammates completed the 160-mile run from Chicago to Peoria in 30 hours benefiting St. Jude's Children's Research Hospital. Kate personally ran 32 of the 160 miles required to complete the event. Kate and her 11 teammates raised over $22,000 for the treatment and research of life threatening childhood diseases. In total, the St. Jude Chicago to Peoria Run raised over $280,000.



July 2008

HPS Appellate Practice Group Successfully Defends Brain Injury Case

In LaSalle Bank N.A., etc., et al. v. C/HCA Development Corp., et al., No. 1-06-1859, the First District Court of Appeals affirmed the defense verdict, rejecting several claims of trial errors raised by plaintiffs. Plaintiff's lawsuit arose from the defendant physicians' alleged failure to properly diagnose the decedent's heart condition and immediately refer him to a cardiologist for further testing. At trial, plaintiffs alleged that this failure prevented the decedent from receiving the proper treatment, and that this delay ultimately caused his death. On appeal, among other claimed errors, plaintiffs argued that Judge Locallo committed reversible error when he permitted a revised form of the professional negligence instruction to be submitted to the jury. Instead of giving the 2006 pattern jury instruction, Judge Locallo agreed with defendants that as written it did not accurately state current Illinois law. At defense counsel's request, and over plaintiff's objection, Judge Locallo replaced the new "reasonably careful" language with the "reasonably well-qualified" language from the prior version of the 105.01 instruction. While the appellate court found that it was error to give the revised instruction, it ultimately held that plaintiff did not suffer any prejudice because the revised instruction was an accurate statement of Illinois law. Amicus briefs addressing this issue were submitted by The Illinois Trial Lawyers Association and The Illinois Association of Defense Trial Counsel. Hugh C. Griffin and Jacob Z. Goldstein, of the HPS Appellate Practice Group, handled the appeal for defendants Lee Freund, D.O., Thomas Pawlowski, M.D. and C/HCA development Inc., f/k/a Columbia Olympia Fields Osteopathic Hospital and Medical Center.

To view the August 5, 2008 Chicago Daily Law Bulletin article concerning this appeal, please click on the following link.



HPS's Trial Victories Continue Into July

HPS trial lawyers David C. Hall and Jacqueline B. Sharuzi obtained a defense verdict in Fluker v. Williams, et al., No.07-L-000494. In this case, Plaintiffs alleged that the Defendants failed to timely diagnose and treat an intra-thoracic bleed when the decedent presented to the Emergency Department at the University of Illinois Medical Center after having fallen on some steps. More specifically, Plaintiffs alleged that a chest x-ray revealed what appeared to be blood in her chest and that earlier placement of a chest tube to drain the blood would have averted the decedent's death. Instead, Plaintiffs allege, the defendant physicians' decision to first perform a CT scan of her abdomen to determine the source of the bleed unreasonably delayed the placement of a chest tube and caused her death. At trial, Plaintiff asked the jury to award damages in the amount of $10 million. The jury deliberated for less than three hours and returned a verdict of not guilty in favor of both defendants.



HPS Attorney Sails to Victory In Mackinac Race

HPS at Chicago to Mackinac

Veteran Lake Michigan yachtman and head of HPS' Appellate Practice Group, Hugh C. Griffin, claimed a flag in this year's Chicago to Mackinac Island Sailboat Race, finishing 4th out of 27 in the J-105 class. Hugh said it was particularly thrilling to do well this year because it was the 100th anniversary of the race and drew 450 boats from around the country. Congratulations to Hugh and the crew of Tuxedo!



June 2008

HPS Trial Teams: 5-0 in June!

In an unprecedented month, HPS trial lawyers obtained defense verdicts in five separate medical malpractice trials in Cook County, Illinois, Kane County, Illinois and Utah County, Utah. Plaintiff's lawyers asked the five juries for a total of nearly 60 million dollars and received no awards from HPS’ clients. Individual case descriptions are provided below:

*****



After a three-week trial in Kane County Illinois, HPS partners David C. Hall and Jennifer Ries-Buntain obtained a not guilty verdict on behalf of Provena Mercy Medical Center. This brain-damaged baby case arose out of plaintiff’s labor, which was complicated by a prolapsed cord. An emergency cesearean section was performed. The minor plaintiff suffers from spastic cerebral palsy which renders him permanently and totally disabled. The Provena Mercy nurses were allegedly negligent in failing to appropriately monitor Mrs. Rubenacker and for failing to elevate the baby’s head once the prolapse was diagnosed. During closing arguments, the plaintiffs suggested an award in the $30 million range. After deliberating for less than two hours, the jury returned a verdict of not guilty in favor of Provena Mercy and the co-defendant obstetrician.

*****

HPS Partner Mike Prangle recently received a defense verdict in Cook County in a case involving an alleged misplaced gastrostomy tube in Perry Wells, Special Administrator of the Estate of Daniel Wells v. Ronja Cole, CNP, et al.  Mr. Prangle represented a Certified Nurse Practitioner (CNP). The decedent had sustained severe injuries, including brain damage, as a result of an automobile versus pedestrian accident in January 2005.  He was living in a long term care facility for ventilator and therapy services.  The decedent pulled out his gastrostomy tube and it was replaced by an employee of the facility.  The following day, the CNP verified placement of the gastrostomy tube and ordered feedings to resume, after which the decedent complained of pain in his abdomen.  He eventually expired, allegedly due to peritonitis. The plaintiff asked the jury to award $3.5 million to the minor plaintiff.  The jury returned a verdict in favor of the CNP (the HPS client) and against the physician and facility for $2 million.

*****

HPS partners Eric Schoonveld and Ken Webster defended Timpanogos Hospital and its nurses against allegations that their negligence led to cerebral palsy in the case of Braithwaite v. Timpanogos Hospital tried in Utah County, Utah. Plaintiff alleged that the attending obstetrician and the nurses failed to properly monitor the mother’s fetal monitor tracings and failed to perform a timely delivery prior to her placental abruption. The attending obstetrician settled the case against him and then criticized the nursing staff, a significant change from his earlier deposition testimony. At trial, the Hospital argued that the nurses properly interpreted the monitor strips and promptly notified the attending when the non-reassuring signs of abruption began. The hospital further argued that plaintiff did not prove the child’s cerebral palsy was the result of the timing of the c-section. Plaintiff asked the jury for $11-$15 million. After a few hours of deliberation, the jury returned a unanimous verdict in favor of the Hospital.

*****

HPS partner Ben Patterson and associate Jennifer Dicken obtained a defense verdict in a case involving the alleged suicide attempt of a voluntarily-admitted psychiatric patient in the trial of Vargas v. Chicago Grant Hospital, Cook County No. 05 L 13830.  While on suicide precautions the patient gained access to tools, broke open a 6th-floor window, jumped and sustained serious bilateral ankle and foot fractures rendering him totally disabled. The nurse continued to place her initials in the suicide precaution monitoring log after the patient had jumped. The defense argued that the nursing staff met the standard of care, that the jump was an attempted escape rather than a suicide attempt, and that the plaintiff was contributorily negligent and responsible for his own injuries. Plaintiff’s pre-trial demand was $2 million.

*****

HPS partner, Mary Nielsen and associate T.C. Hosna obtained a defense verdict in Green v. Snow, M.D.. The decedent had been diagnosed with a Pancoast tumor and went to the University of Illinois Hospital to receive treatment. As part of his treatment, plaintiff was referred to a cardiothoracic surgeon, Dr. Snow. During the surgical procedure a major artery avulsed. Dr. Snow immediately attempted to repair the artery without success and the patient expired. Mr. Green was survived by his wife and four adult children.

Plaintiff claimed that Dr. Snow failed to obtain Mr. Green’s informed consent and failed to properly perform the procedure. Plaintiff asked the jury to award damages in the amount of $1.2 million for each adult child and $2.5 million for his widow, totaling $7.3 million. The jury deliberated for less than an hour and returned a verdict of not guilty.



May 2008

HPS Receives Defense Verdict In Informed Consent Case

David Hall and Mike Koptik won a defense verdict in a trial involving informed consent of the risks of fertility treatment in the case of Fantucchio v Rinehart, et. al. Cook County No. 05 L 1355. Plaintiff alleged that the defendant reproductive endocrinologist had failed to sufficiently warn her of the risks of ovarian hyperstimulation syndrome (OHSS) in relation to the use of hormone therapy that he had recommended to treat her infertility. The 28-year old plaintiff developed OHSS, adult respiratory distress, and a perforated ulcer after receiving treatment. She was in a coma and on a ventilator for thirty days and remained hospitalized for over four months, incurring medical expenses of approximately $500,000. Plaintiff sought over $4 million dollars in damages.



March/April 2008

HPS Scores Big in the Second District

In a relentless, years-long pursuit of the final dismissal of a case involving the death of a 14-year-old boy following a bronchoscopy, HPS ultimately succeeded. At the trial level, following the voluntary dismissal and re-filing of the instant lawsuit, Laura Postilion successfully moved to dismiss on the grounds that the original complaint was a nullity because plaintiff lacked standing to file the original suit and seek appointment as special administrator under the Wrongful Death Act. Ms. Postilion argued, and the trial court agreed, that because the complaint in the original filing was a nullity, the subsequent re-filed complaints in the second action could not relate back and avoid the bar of the statute of limitations. Plaintiff's counsel, Mike Gunzburg, immediately sought review of this devastating decision.

On appeal, Jake Goldstein and Hugh Griffin, of the HPS appellate practice group, together with the assistance of Ms. Postilion, crafted the response brief that recounted the tortuous procedural history of the Jordan v. Sherman Hospital litigation. After considering the briefs and Ms. Postilion's first appellate court oral argument, the Second District upheld the trial court's dismissal of the lawsuit in its entirety. The Second District agreed with the trial court's finding that plaintiff's original complaint was a nullity because plaintiff (who was not next-of-kin under the Wrongful Death Act) lacked standing to file the original suit and seek appointment as special administrator under the Wrongful Death Act. As a result, the Second District concluded that none of the subsequent amended complaints, including those presented in the re-filed action, could relate back to the original complaint since no legally cognizable plaintiff was named within the applicable two year statute of limitations.

The Second District decision is attached.



HPS Obtains Medical Malpractice Defense Verdict in Cook County

Ben Patterson obtained a defense verdict in a multi-million dollar case involving catastrophic injuries to a pediatric patient in the trial of Chung v. Central DuPage Hospital, et al., Cook County No. 03 L 6371. Plaintiff was represented by Clifford Law Office and the case involved an alleged failure to timely diagnose and surgically treat a malrotation of the small bowel in a five-year-old girl resulting in short-bowel syndrome. The child ended up losing over 90% of her small bowel requiring G-tube feedings. Mr. Patterson defended the codefendant surgeon on both standard of care and causation and also put forward a defense to allegations that the surgeon was the apparent agent of the hospital. Plaintiff's counsel asked the jury to award approximately $9 million in past and future damages.


HPS Welcomes New Partner - Omar Fayez

HPS is pleased to announce that Omar Fayez has joined the firm as Partner in its Chicago office. Mr. Fayez, formerly a shareholder at Querrey & Harrow, has significant experience handling complex litigation matters involving health care liability defense and commercial litigation. He has represented numerous long-term care facilities, hospitals, and physicians, as well as professionals before the Illinois Department of Professional and Financial Regulation. Mr. Fayez also has particular experience in construction litigation, regularly representing architects, developers, contractors and related professionals. He has litigated cases in Illinois, Pennsylvania, Kentucky, Montana and Europe. In addition to his litigation practice, Mr. Fayez also dedicates a significant amount of time to pro bono and non-profit activities. As an experienced and seasoned litigator in both health care and commercial litigation matters, Mr. Fayez is an important addition to the depth and variety of legal resources that we provide for our business clients.



February 2008

HPS Appellate Practice Group Wins Significant Appeal Before Illinois Supreme Court

In Eagle Marine Industries, Inc. v. Union Pacific Railroad Co. No. 102462, Hugh C. Griffin successfully obtained a reversal of a Fifth District Appellate Court decision affirming the entry of a permanent injunction pursuant to a section of the Illinois Vehicle Code known as the blocked-crossing provision which prohibited defendant railroad from blocking the crossing for more than 10 minutes. Mr. Griffin, head of the Appellate Practice Group at HPS, argued and the Court agreed, that the ordinance violated the commerce clause, was preempted by federal railroad law and was unenforceable. Mr. Griffin’s victory ultimately prevented Union Pacific Railroad Co. from incurring additional costs in excess of $500,000 annually had the permanent injunction remained in place.
http://www.state.il.us/court/Opinions/SupremeCourt/2008/January/102462.pdf


Firm Successfully Defends Unique Products Liability Suit

Partner, Jennifer Ries-Buntain, was counsel in the trial of Wied v. General Motors Corp, No. 03 L 13277, wherein plaintiffs sought $15M in damages for a plethora of ailments allegedly caused by defective Chevrolet Suburban’s HVAC system. Defense counsel convinced the jury that the plaintiffs’ injuries were not caused by the Suburban but by various problems documented in plaintiffs’ medical records years before they owned the Suburban. Defendant’s crucial pre-trial victory excluding one of plaintiff’s expert witnesses pursuant to Frye v. United States ultimately set the stage for the eventual defense verdict.


Ninth Circuit Affirms Summary Judgment in Favor of Dassault Falcon Jet Corp in Aviation Products Liability Case

The Ninth Circuit Court of Appeals affirmed summary judgment in favor of Dassault Falcon Jet Corp. in National Union Fire Ins. Co. of Pittsburgh v. Dassault Falcon Jet Corp No. 06-55691, an aviation products liability case for which partner, Dave Adams, head of the Aviation and Transportation Practice Group, was lead counsel. The Scotts Company owned and operated a Falcon 900 corporate business jet which landed with the nose gear retracted at Los Angeles International Airport (LAX) on March 16, 2004. Plaintiff National Union Fire Insurance Company of Pennsylvania sued Falcon Jet in tort and for breach of implied warranty to recover insurance payments it made on Scotts’ behalf in excess of $1,500,000 for repair of the airplane.

The District Court Judge found that Falcon Jet was entitled to summary judgment under the economic loss doctrines of either New Jersey or Ohio after determining that the law of these two states would be applied under California choice-of-law principles. The multiple governmental interests of both states would suffer greater impairment if California tort law were applied. The Judge also had granted summary judgment on plaintiff's implied warranty claims because those claims were barred by the U.C.C. statute of limitations of all three interested states.
http://www.ca9.uscourts.gov/coa/memdispo.nsf/pdfview/011108/$File/06-55691.PDF



September 2007

HPS is pleased to announce that Camille Khodadad has joined the firm as Partner in its Chicago office. Ms. Khodadad, formerly a partner at Lord, Bissell & Brook, has extensive experience representing employers in employment matters. She handles cases under all laws involving the employment relationship including state and federal employment and discrimination laws, the Employment Retirement and Income Security Act, the Family and Medical Leave Act, the Occupational Safety and Health Act, and the Fair Labor Standards Act. Ms. Khodadad has handled litigation before administrative agencies such as the Illinois Human Rights Commission, the Equal Employment Opportunity Commission, the Office of Civil Rights, the Department of Labor, and state and federal courts across the country. While Ms. Khodadad is a very active litigator, she also counsels clients on measures to adopt to prevent litigation. To that end, she counsels clients on matters involving employee discipline, employment termination, wage and hour issues, workplace investigations, leaves of absence, and compliance with federal and state employment and discrimination laws. Ms. Khodadad also reviews employer handbooks and conducts training programs on sexual harassment, handling leaves of absence and other employment law topics. The breadth of Ms. Khodadad's experience is an important addition to the services that we can provide to our clients.


July 2007

HPS Welcomes New Partner David Adams

Hall Prangle & Schoonveld, LLC is pleased to announce the addition of David J. Adams as a Partner in our Firm where he will lead our Aviation and Transportation Practice Group. Dave Adams, a licensed commercial pilot and former USAF fighter pilot, actively litigates cases involving aviation products liability, commercial disputes, premises liability, and construction personal injury claims. He also serves as outside product integrity counsel and aviation consultant for aerospace manufacturing companies.


HPS Attorneys Climb Mount Kilimanjaro

HPS at Mt Kilimanjaro




Two of our HPS attorneys and the wife of firm partner Eric Schoonveld have left the country and are climbing Mt. Kilimanjaro, the tallest peak in Africa. While the trek itself is a significant personal accomplishment, this climb raised over $70,000 in support for Global Alliance for Africa, an organization dedicated to empowering widows and orphans impacted by HIV/AIDS in East Africa.