Bruce R. Pfaff Inducted into the International Academy of Trial Lawyers

Bruce R. Pfaff, Esq., of Pfaff & Gill Ltd, in Chicago, IL was recently inducted into the International Academy of Trial Lawyers (IATL) at their Mid Year Meeting held July 17-21, 2013 in Chicago, Illinois.

The International Academy of Trial Lawyers limits membership to 500 Fellows from the United States.  The Academy seeks out, identifies, acknowledges and honors those who have achieved a career of excellence through demonstrated skill and ability in jury trials, trials before the court and appellate practice.  Members are engaged in civil practice on both the plaintiff’s and the defendant’s side of the courtroom, and the trial of criminal cases.  The Academy invites only lawyers who have attained the highest level of advocacy.  A comprehensive screening process identifies the most distinguished members of the trial bar by means of both peer and judicial review.  Mr. Pfaff has been evaluated by his colleagues and the judges in his jurisdiction and has been highly recommended by them as possessing these qualifications and characteristics.

Chartered in 1954, the Academy’s general purposes are to cultivate the science of jurisprudence, promote reforms in the law, facilitate the Administration of Justice, and elevate the standards of integrity, honor and courtesy in the legal profession.

The Future of Illinois Courts

Bruce R. Pfaff was invited by the members of the Illinois Supreme Court to participate in a conference on Shaping the Future of Illinois Courts, held in April 2013.  The conference addressed desired outcomes of the participant in how courts will operate in the future.

Another Tragedy Caused by a Garage Door Opener

A three year old child died recently in Eastern Maryland when she was trapped under a garage door, http://www.huffingtonpost.com/2013/04/06/girl-killed-by-garage-door_n_3028950.html?ncid=edlinkusaolp00000003. This is a needless, recurring tragedy. Garage door openers (also called operators) are required to have electric eye beam devices that provide fail-safe operation and prevent accidents like this which typically happen to those under 6 years old. Those safety systems have been available as an option in the U.S. since the mid 1980's and have been mandatory in the U.S. since 1994. Older garage door operators had less effective safety devices.

Our office successfully prosecuted a $9,000,000 claim against a manufacturer of garage door operators that caused a substantial brain injury to a young child trapped under a descending garage door, just like the recent case in Maryland. From the news reports, it is reasonable to believe this most recent case is due to some defect in the garage door operator or the way it was installed. Please make sure no child can access the push pad for the door operators in your garage or the remote in your vehicle. Please also make sure the safety devices on your garage door operator are working as they should or contact the manufacturer so they can be replaced or repaired.

More Patients Come Forward in Northwestern Sperm Destruction Cases

On February 27, 2013, Pfaff & Gill, Ltd. filed suit on behalf of another individual whose sperm samples were destroyed when a Northwestern cryopreservation storage tank failed.  See Chicago Tribune Article. 

Pfaff & Gill, Ltd. filed the first lawsuit against Northwestern Medical Hospital and Northwestern Medical Faculty Foundation on behalf of a testicular cancer survivor on October 15, 2012.

Since filing suit, Pfaff & Gill has been contacted by other patients who believe their samples have been affected.  Patients who were affected should have received a letter from Northwestern Medical Faculty Foundation as well as a phone call from a Northwestern representative. 

Over thirty (30) patients have joined in the pending litigation against Northwestern Medical Hospital and Northwestern Medical Faculty Foundation. Recently, all pending legal matters related to this cryopreservation tank failure were assigned to Judge Thomas L. Hogan of the Law Division of the Circuit Court of Cook County for management of all pretrial matters.

If you received a letter or phone call from Northwestern advising that your sample was destroyed, contact the attorneys at Pfaff & Gill, Ltd. today – (312) 828-9666.

No-Show Nurse Causes Death in $12,261,131 Verdict

A Cook County jury on February 15, 2013, awarded $12,261,131 to the Estate of M.G. after a three-week trial before the Honorable James P. Flannery, Jr.  Bruce R. Pfaff and Matthew D. Ports of Pfaff & Gill, Ltd. tried the case for the family of the deceased. The focus of plaintiff’s case was on Nurse Maria Zurawski, employed by Acute Extracorporeal Services, L.L.C., a subsidiary of Fresenius Medical Care North America.  Fresenius is one of the largest providers of dialysis and apheresis services in the country.  Doctors at Advocate Christ Medical Center made arrangements through a dispatcher at Fresenius at 4:30 p.m. on 10/25/09 for a nurse to come to do a plasmapheresis on plaintiff “as soon as possible.”  The dispatcher said the nurse was “on the way.”  Although the nurse was in Winfield at the time of the call, 45 minutes away, she arrived 6 hours later. 

By the time Nurse Zurawski arrived at Advocate Christ Medical Center, plaintiff  had already coded and was pronounced dead 40 minutes later.  The nurse testified that she chose not to go to the hospital right away because she might have to wait for the plasma to be prepared.  “Her conduct went beyond carelessness, it was callous,” said plaintiff's attorney, Bruce R. Pfaff of Pfaff & Gill, Ltd.  “The doctor ordering the plasmapheresis did everything possible to see that a catheter was placed for plasmapheresis immediately, sufficient plasma was ordered to the blood bank on a stat basis, and he phoned the plasmapheresis service himself to make sure that the word got through that immediate plasmapheresis was necessary,” Pfaff added.

The other defendant found liable was Advocate Christ Medical Center, which was sued as the apparent principal of the plasmapheresis service as well as for the negligent conduct of its nursing staff and its blood bank. Co-defendants, Dr. Gregory Rauch of Orland Primary Care Services, and Dr. Brian Crowley of Palos Emergency Medical Services received not guilty verdicts.  

M.G. is survived by his wife and three adult children. 

This is the sixth case in which Mr. Pfaff has obtained a verdict in excess of $10 Million.

Helicopter Crash – Tragic Loss

Our hearts go out to the families of flight nurses Karen Hollis and Jim Dillow and pilot Andy Olesen of REACT.  These good people were killed when their medical helicopter crashed December 10, 2012 near Rochelle, Illinois.  I had the pleasure of meeting Nurse Hollis in 2011.  She was one of the flight nurses who responded to a motorcycle crash near Rockton, Illinois.  I represent the rider who suffered a severe head injury when her HJC motorcycle helmet failed during the crash.  I took Nurse Hollis’s deposition and found her to be very intelligent, professional and compassionate.  Her death is a huge loss not only for her family, but for the entire community.


Michael Gill
Pfaff & Gill, Ltd.

Pradaxa Lawsuit Pending in Southern District of Illinois

Pradaxa is a blood-thinning drug typically prescribed to patients with atrial fibrillation to prevent blood clots.  It was approved in October 2010 by the FDA for the prevention of stroke in patients with non-valvular atrial fibrillation, and was the first alternative to warfarin (Coumadin) approved in nearly 60 years.  The U.S. Food and Drug Administration has already received over 500 reports of Pradaxa-related deaths.  Reported complications include over 900 reports of gastrointestinal hemorrhages, over 300 reports of rectal hemorrhages, and over 200 reports of cerebrovascular accidents.  The FDA is now conducting a safety review of the drug, which millions of people around the country take twice a day.

If you or a loved one suffered serious complications from taking Pradaxa, call (312) 828-9666 or e-mail Pfaff & Gill, Ltd. today. (Contact Us)

In Re: Pradaxa (Dabigatran Etexilate) Products Liability Litigations, MDL No. 2385.

Northwestern Destroys Sperm Samples

On October 15, 2012, Pfaff & Gill, Ltd. filed suit on behalf of a testicular cancer survivor against Northwestern Medical Hospital and Northwestern Medical Faculty Foundation.  Northwestern’s cryopreservation storage tank failed, destroying the sperm samples inside.  For more information see Chicago Tribune Article; Complaint at Law. 

JOHN ANONYMOUS is just one of many men whose samples were destroyed by Northwestern’s negligence.  Pfaff & Gill, Ltd. continues to investigate cases for others whose sperm samples were similarly destroyed.  The lawsuit was filed in the Circuit Court of Cook County, Law Division, case number 2012 L 11738.  This was the first case arising out of this failure to be filed in the Law Division.  Contact Pfaff & Gill, Ltd. if you received a letter from Northwestern advising that your sample was destroyed – (312) 828-9666.

$7,500,000 injury settlement in Peoria, IL

Bruce Pfaff was retained in March 2012 to take the lead in prosecuting a lawsuit for a worker who received a high voltage electrical shock. On the eve of a two week trial set to begin in Peoria this month, the case settled for $7,500,000. The case had been pending for more than two years and the defendant had offered only $2 million to settle the serious injury claims before Pfaff & Gill filed their appearance in the case. The firm devoted significant resources to the case, hiring three new experts, and taking additional testimony from employees of the defendant which helped to expose its liability. The injured worker was employed by a service company that was hired by a major manufacturing company to perform services in an outdoor area that had high voltage equipment. The worker entered into an unlocked gated area which, unknown to him, was always to remain locked. Electricity arced from a piece of equipment, entered his back and exited his feet. The defendant landowner maintained that the worker never should have entered the gated area because its dangers were readily apparent, even going so far as to hire a human factors psychologist to testify that the worker was contributorily negligent for walking through the gate.

“Our client was fortunate to survive but sustained serious injuries that will affect him throughout his life,” according to Bruce Pfaff, lead counsel. “His survival and good recovery are testaments to his strength of character which we know a jury would have readily appreciated.”

The suit claimed future medical needs expenses of $1 million and substantial damages for pain, suffering, disability and disfigurement. There was no claim for lost earnings. 

This settlement comes on the heels of a $13.55 million jury award in Tazewell County that Bruce Pfaff and Matt Ports obtained for an injured worker whose leg was crushed and later amputated. Pfaff & Gill, Ltd. practices throughout Central and Northern Illinois and limits its practice to representing those injured or killed by wrongful conduct. 

Welcome to our new associate, Emily R. Herrell

Pfaff & Gill is very glad to welcome Emily R. Herrell to the firm. Emily is a 2011 graduate of DePaul University College of Law. After she graduated, Emily worked as staff attorney for Judges Michael R. Panter and William E. Gomolinski of the Circuit Court of Cook County, Law Division, until she joined the firm on two weeks ago. Emily wants to become a great trial lawyer and we hope she achieves that goal with us.

Illinois Appellate Court 1st District Decision - Illinois Law Applies

On August 6, 2012, the First District Appellate Court ruled that Illinois law, not Michigan law, applied to our auto product liability action on behalf of a Chicago man rendered quadriplegic in a Michigan car crash.  The suit arises out of Chrysler's failure to utilize a roll bar or sufficiently strong A-pillars in the Sebring convertible.  Due to the Chrysler bankruptcy, the only remaining defendant is Mancari's Chrysler Plymouth, Inc., the Illinois dealership that sold the vehicle.  The plaintiff resides in Illinois and the car was purchased in Illinois.  The court's ruling is significant in that Michigan law is extremely biased towards auto manufacturers and against those injured by automotive defects.  The case should now proceed to trial in 2013.  Bruce R. Pfaff and Michael T. Gill will try the case for the plaintiff.  Mancari's is represented by Brian Bell and Mario Ivelic of Swanson Martin & Bell.

Follow link to read the Appellate Court's Order.

Firm Celebrates Recent Victory at Trial

Bruce Pfaff reached a successful mid-trial settlement of a legal malpractice case pending before Judge Clare McWilliams in the Circuit Court of  Cook County. Mr. Pfaff was prepared to present expert testimony that his client, W.J., had a substantial judgment entered against him because W.J.'s lawyer negligently failed to object to damages testimony that was inadmissible. Because of the defense lawyer's errors in the 2006 trial, the verdict was nearly twice as much as it should have been. On trial this month, Judge McWilliams made significant substantive rulings, including finding that had the lawyer objected to certain damages evidence in the 2006 trial, the trial court should have sustained the objection and excluded the evidence. After all of the rulings by Judge McWilliams and selection of a jury, the case settled for $700,000.

Public Citizen profiles Bruce Pfaff

Public Citizen is an extraordinary group that advocates effectively for public safety and true democracy. Our firm has supported Public Citizen for many years. The organization recently profiled Bruce Pfaff, our founding partner on its site: http://www.citizen.org/Page.aspx?pid=4295.

We are proud of the acknowledgement and encourage all to support Public Citizen. Excellent examples of their good work can be found at www.citizen.org.

Leg amputation from Defective Product- Record Verdict

Bruce Pfaff and Matt Ports were on trial for two weeks in August in Tazewell County (Pekin, IL). They represented a young man, who, when he was 19, suffered the traumatic amputation of his left leg when it was crushed by the gantry of a MiTek RoofGlider (R) machine. The young man was employed in a truss making operation for Central Illinois Truss. The previous high verdict in Tazewell County for any kind of injury case was $970,000.

The jury awarded the exact amount Mr. Pfaff requested in closing argument: $13,544,172.71. It was the fifth time in Mr. Pfaff's career that a jury awarded everything he has requested to the penny. The RoofGlider design sold to Central Illinois Truss was incredibly dangerous and the jury saw that. The safety bar, designed to protect workers in Mr. Stone's position, failed when he contacted it and this allowed the gantry to advance, crushing the worker's leg against a steel plate for 60 minutes. It took paramedics, police and co-workers that long to free his leg from the machine.

Included in the damages were past and future medical expenses, which totaled more than $3,500,000.

Young Farm Workers Electrocuted

We have followed with great sadness the news of two young ladies from Sterling, Illinois, who were electrocuted while working in a cornfield in Tampico, Illinois, as contract workers for Monsanto Corporation. Reports indicate that the young ladies were removing tassels from corn in a field and came into contact with a field irrigator system or water in which it was sitting. A co-worker reported that the field was flooded and looked like a pond. Water is a good conductor of electricity and any electric energy passing into the water could seriously injure any person in contact with the water. No reports indicate that the young ladies were aware that the water was energized or dangerous.

Monsanto has now removed its workers from the fields per published reports.

While OSHA representatives were on site, the agency reported that its report could take up to six months to complete.

Beyond the deep sympathy we have for the families and friends of the young ladies, we are disappointed that is will take OSHA months in order to get to the bottom of the problem. Prompt legal investigation using skilled work place experts should uncover the root causes of this tragedy and what can be done to prevent events like this in the future. Answers should not wait for OSHA's report.

Management and Ethical Considerations

Bruce Pfaff will address a committee of the Chicago Bar Association on April 5, 2011 at 12:15. His presentation is "Management and Ethical Considerations of Solo and Small Firm Lawyers." Bruce will discuss the things he has learned in managing what started as his solo practice and then the small firm he heads over the past twenty years as well as recent amendments to the Rules of Professional Conduct.

How Bad is Hospital Care for Medicare Beneficiaries?

13.5% of hospitalized Medicare beneficiaries experienced adverse events during their hospital stays during the most recent period studied, October 2008. An "adverse event" is defined as harm to a patient as a result of medical care. An estimated 1.5% of Medicare beneficiaries experienced an event that contributed to their deaths, which projects to 15,000 patients in a single month. These data should be frightening to all of us who will likely wind up in a hospital sometime.

An exhaustive report issued by the Office of the Inspector General for the Department of Health and Human Services details these findings. It is available on line or we will be happy to supply it to you. It is publication # OEI-06-09-00090.

We always suggest to our friends and family how to help improve hospital care:
1. A family member should always be present at the hospital to protect the patient's best interests;
2. Keep a notebook of key events and people who provide care so that the next family member who comes to stay with the patient can have all the important information at her fingertips;
3. Be kind and helpful to the healthcare team--after all, you want what they want which is a healthy patient;
4. If you see something amiss, such as the patient getting a drug not intended for her, politely ask whether the medicine is really intended for this patient. Help the caregiver do the right thing!
5. Remember that healthcare workers often work 12 hours shifts and that it is a demanding job--don't be picky about the small stuff but make sure the important things are handled properly.

We Support Peaceful Protests in Wisconsin

Peaceful protests are a way of life and should be. Wisconsin public employee union members and their friends should be congratulated for their peaceful protests against actions they feel are unjust.

Calls to violence against protesters should stop. As reported yesterday, a lawyer employed by the state of Indiana lost his job for advocating violence against protesters. The state did the right thing. Here is what was reported:

A deputy attorney general in Indiana recently tweeted some advice for police facing pro-labor protesters in Wisconsin: “Use live ammunition.”

The comment and others, made in response to a Feb. 19 tweet by a Mother Jones writer, have ended badly for the government lawyer, Jeffrey Cox. He is now out of a job, according to CNN, the Associated Press and Mother Jones.

The Indiana Attorney General’s office explained its decision in a statement. “We respect individuals' First Amendment right to express their personal views on private online forums, but as public servants we are held by the public to a higher standard, and we should strive for civility," the AG's office said.

According to Mother Jones, Cox said the protesters were "political enemies" and "thugs" who were physically threatening lawmakers, and he called the publication’s reporter a “typical leftist.”

"You're damned right I advocate deadly force,” Cox reportedly wrote.

Choose the Best Possible Hospital and Nursing Home

There are many sources available to help people choose health care facilities that are well rated by governmental or private agencies. It is important to use all possible sources when your own care or the care of family and friends is at stake. We can recommend you seek out the recommendations of Blue Cross Blue Shield for hospitals, published as the Blue Star Hospital Report. The reports summarizes the results of quality and safety performance measures for 91 Illinois hospitals.

You should also compare hospitals and nursing homes in your area on www.medicare.gov.

$8 Million Wrongful Death Settlement

Bruce R. Pfaff of Pfaff & Gill, Ltd., Chicago, today reported that his clients, the survivors of a 52-year-old Chicago area woman, settled their wrongful death case against the anesthesiologist who failed to intubate her and the hospital where he was on staff. The doctor will pay his full policy proceeds of $2,000,000 and the hospital, sued under the principle of apparent agency, will pay $6,000,000. The settlement was approved by the Honorable William D. Maddux this week. The case was due to be assigned to a trial judge for jury selection.

The decedent, who worked in a non-paying capacity at an area church, went to the hospital for surgery to remove an enlarged thyroid gland. General anesthesia after an “awake” intubation was planned by the anesthesiologist. Despite what the anesthesiologist said were two very small doses of a sedative, his patient suffered a respiratory arrest. According to Pfaff, the family’s lawyer,

“This respiratory arrest should have prompted immediate action by the anesthesiologist—he should have asked the surgeon, standing by to do the thyroid surgery, to do a tracheostomy. It is clear from the majority of witnesses in the OR that the anesthesiologist did not request a tracheostomy right away but attempted unsuccessfully for many minutes, with his patient in full respiratory arrest, to intubate and ventilate his patient. During this time, massive, irreversible brain damage occurred, leading to death 8 days later.”

The anesthesiologist was deposed once early in the case and the second time late in the case. In his first deposition, he said that it took the surgeon 12 minutes to complete the emergency tracheostomy. After all the other fact witnesses were deposed, who indicated that the surgeon completed the trach in 1-2 minutes, the anesthesiologist modified his testimony to say that the surgeon obtained an airway in 4-5 minutes. The surgeon, who was sued based on the indication that he took too long to do the tracheostomy, was voluntarily dismissed from the case after discovery was completed. The family made no settlement demand on the surgeon’s lawyers believing he did nothing wrong.

The anesthesiologist revealed in the second deposition that he prepared almost every entry of the anesthesia record two hours after the arrest. He explained that he went to the anesthesia monitor machine and used its “track back” features to see the vital signs, pulse oximetry readings, and end tidal CO2 readings. What he charted in the anesthesia record even after “tracking back” was “inaccurate” or “not true” per the doctor’s own testimony. He also noted he could have printed the accurate data concerning the patient from the anesthesia monitor machine but did not do so. “A doctor or nurse making a late entry must chart it as a late entry—this anesthesiologist did not do so. His record described a situation that was a false representation of what occurred in the OR. Even the anesthesiology experts hired to defend the case, Dr. Jeffrey Vender, Evanston and Dr. Kenneth Tuman, Chicago, had to admit that the false charting represented deviations from the standard of care,” according to Pfaff.

Despite the strength of the evidence of medical negligence, defense experts Vender and Tuman continued their long-standing record of testifying in support of anesthesiology defendants. Dr. Vender acknowledged to having testified at more than 150 trials as an expert, only for the defense. Dr. Tuman admits to testifying 95% for the defense in claims of anesthesiology malpractice. Both doctors denied that the defendant here provided negligent care to his patient. Plaintiff’s anesthesiology expert was Dr. Ronald Wender, Los Angeles.

The settlement proceeds, all representing loss of society damages, will be divided among decedent’s two adult children and her husband, who has since remarried.

The family was represented by Bruce R. Pfaff and Matthew D. Ports, Pfaff & Gill, Ltd., Chicago, along with William A. Vlasek, Lansing, IL. The family has requested that details of the settlement identifying them, the defendants or the case caption be omitted from any publication concerning this case in order to preserve their privacy.

Defense lawyers involved in the case were: John Smith and Howard Pikel, Pretzel & Stouffer, Chrtd., Chicago, for the anesthesiologist; Barry Bollinger and Mike Krause, Bollinger, Ruberry & Garvey, Chicago, for the hospital; and Mauri Thomas, Fedota, Childers, Chicago, for the surgeon.

For more information please contact Bruce Pfaff at (312) 828-9666 or by e-mail.