Case Results

The MDL Plaintiffs’ Lead Counsel Committee Chair, Peter J. Flowers, of Meyers & Flowers, a Chicago-based law firm, reached a global settlement today for thousands of plaintiffs involved in multidistrict product liability litigation against Stryker Corporation and Howmedica Osteonics Corp. for complications involving the defective Stryker Modular Rejuvenate and ABG II Femoral Hip Implants. The settlement, one of the largest of its kind, will have an unlimited compensation fund and will potentially provide more than one billion dollars in restitution to the plaintiffs throughout the United States.

Judge Donovan Frank and Magistrate Judge Franklin Noel, who oversee the nationally coordinated Multidistrict Litigation (MDL) 13-2441, announced the global settlement between the MDL leadership representing several thousand plaintiffs in 39 states and Stryker Orthopedics and Howmedica Osteonics Corp. at approximately 3:15 pm (CT) today. The settlement will apply to victims who had revision surgery to remove the defective devices, regardless of whether they have filed their cases in a state or federal court.

"The Plaintiffs’ leadership in the MDL national litigation is pleased to announce that at last we have reached a settlement for our clients whose lives have been deteriorated, and in some cases destroyed, by the pain, disabilities, and revision surgeries brought on by these defective hip replacement devices," said Flowers, Chair of the Plaintiff's Lead Counsel Committee. "We have negotiated one of the largest medical device settlements with an unlimited compensation fund that could potentially reach more than a billion dollars in restitution. Taking care of our clients in this current settlement program now gives hope to future patients at risk for revision surgeries."

Flowers has been handling cases against Stryker since 2008, when he began to receive complaints from victims suffering from issues related to the hip replacement devices, similar to the complications from the metal-on-metal friction he was dealing with in the Depuy Orthopedics of Johnson & Johnson recall lawsuit.

"For a period of about five years, the medical device industry has flooded their products on the FDA so they could make large profits and in the process has injured thousands of people," Flowers said. "We are recovering money that this company has essentially stolen from the people, the economy, the government, and all injured parties."

About

The MDL Lead Counsel Committee is comprised of Peter Flowers, Ben Gordon, Genevieve Zimmerman, Annesley Degaris, Charles Zimmerman, Wendy Fleishman, and Eric Kennedy —together with the Plaintiffs Steering Committee (PSC)— remains committed not only to those who qualify for the settlement or choose to accept it, but also to the many other victims of these devices who don't qualify or choose not to participate.

For information about the Stryker MDL, visit www.stryker-mdl.com

9,000 Victims Developed Bladder Cancer

CHICAGO — Peter J. Flowers, of Meyers & Flowers Law Firm and Co-Lead Counsel for the Plaintiffs in the Illinois State Court litigation against Takeda Pharmaceutical Co., reached a $2.4 billion settlement today for 9,000 victims who developed bladder cancer while taking the manufacturer’s diabetes medication, Actos (pioglitazone). The plaintiffs involved in this case allege that Takeda concealed the risk of bladder cancer. This is the second largest settlement paid to victims, targeting side effects for a drug that is still on the market. Restitution will be paid to the 9,000 plaintiffs across the nation. In Illinois, the settlement will include nearly 4,000 victims who filed suits in Cook County.

“It has been determined that Takeda Pharmaceutical knew about the link between Actos and the risk of bladder cancer before this defective drug was released on the market more than a decade ago,” said Flowers, Co-Lead Counsel for the Plaintiffs in the Illinois litigation. “Takeda has a responsibility to physicians and patients to clinically test a drug and accurately warn them of potentially harmful side effects.”

Takeda, the largest pharmaceutical company in Japan, released Actos in 1999 and subsequently earned more than $16 billion in global sales of Actos since the launch. Actos is a drug designed to lower blood sugar levels in patients with type II diabetes. In June of 2011, more than 10 years later, the Food and Drug Administration (FDA) issued a warning about the risk of bladder cancer for long-term use of Actos, which was defined as using the drug for longer than a year. At that time, the FDA held off on a recall until they reviewed long-term studies that were currently in process to better determine the amount of bladder cancer risk in relation to the benefit of the drug lowering blood sugar levels for patients with diabetes. Simultaneously, France and Germany removed the drug from the market due to the risk of bladder cancer.

The victims have suffered excruciating pain as a result of bladder cancer, surgery to remove their bladder, chemotherapy, and recovery. The bladder cancer, in many cases, has altered their quality of life, spread to other organs, and robbed them of a normal functioning bladder.

“Due to Takeda’s negligence in informing the public of the cancer risk, this settlement will recover some compensation for the victims who have been injured and, in some cases, maimed by bladder cancer while taking Actos, a drug that was designed to improve their health, not make it worse,” Flowers said.

About

Led by Illinois Super Lawyer and former President of the Illinois Trial Lawyers Association Peter J. Flowers, our Meyers & Flowers team of experienced and creative trial attorneys & medical malpractice lawyers routinely take on large challenges and succeed. In addition to representing clients locally in Chicago and nationally in a full spectrum of cases involving catastrophic personal injuries, workplace injuries, and wrongful death, our team of top attorneys has taken the lead nationally in representing clients who are victims of defective medical products.

CHICAGO— In accordance with a draft Plan of Compromise and Arrangement filed with the Quebec Superior Court today in the CCAA case for Montreal Maine and Atlantic Canada Co. (MMAC), nearly $200 million in settlement funds will be distributed to the victims of the Lac-Mégantic, Quebec train derailment disaster that occurred on July 6, 2013. According to the trustee for Montreal Maine and Atlantic Canada Ltd. (MMA), MMAC’s U.S. parent company, a similar plan will soon be filed in the MMA chapter 11 case. In addition, the parties continue to pursue additional settlements with parties who are not yet contributors, failing which litigation will continue against those parties with the goal of materially increasing the settlement fund.

“We are pleased to finally reach a partial resolution and settlement for the victims of the train derailment disaster,” said Robert Keach, the appointed trustee for the MMA bankruptcy case. “Due to the diligence and respect by all parties associated with this plan in Canada and the United States, we have put forward a favorable resolution. With continued diligence by all parties, the settlement amount will be significantly higher.”

The settlement is subject to approval by the courts presiding over the MMA and MMAC cases. Upon approval, the settlement funds will be split and distributed to the following parties:

• The Wrongful Death Claimants, including 48 deceased victims and their families
• The Personal Injury and Moral Damages Claimants
• Property and Economic Damages Claimants
• Insurer Claimants
• Government Claimants

“Our litigation in Illinois played a dramatic role in increasing the amount of funds that will be distributed to our clients who are the families of the deceased victims of the Lac-Megantic disaster,” said Peter Flowers, wrongful death plaintiffs lawyer of Meyers & Flowers Law Firm in Chicago, who is working directly with Attorney Jason Webster, of the Webster Law Firm in Houston. Flowers and Webster represent the plaintiffs who died in the train disaster and their families. Attorney Mitchell Toups of Beaumont, Texas, is also involved in the legal representation of the wrongful death victims.

“We have driven the value in the wrongful death estate higher than our clients would have received under Canadian law,” Flowers said. “But, this is just the beginning of the settlements for our clients, as there are three huge contributors to this disaster, including World Fuel Services, Canadian Pacific Railway, and Irving Oil. And they are not yet contributing a penny to this resolution. We will turn over every stone on earth before we give up on them and intend on pursuing them in Illinois and any other state to ensure that they are brought to justice and held responsible for this disaster.”

Maragos was awarded $43.5 million for the premature and unnecessary end to his NFL career due to the improper care of his right knee injury by his medical team.

The verdict highlights the need for accountability to prevent similar incidents from repeating to professional athletes across all sports.

PHILADELPHIA – A Philadelphia jury ruled today that renowned orthopedic surgeon Dr. James Bradley and national rehabilitation institute Rothman Orthopaedics are responsible for the premature and unnecessary end of former Philadelphia Eagles team captain Christopher Maragos’ NFL career. The closely-watched medical malpractice case could have implications for the treatment of professional athletes across professional sports.

The civil case revolved around a meniscus tear that Maragos’s medical team failed to treat and the medically negligent decision to advance his rehab, further damaging the knee. During the two week trial, the jury heard testimony from key experts in orthopedic medicine, as well as Maragos’ former teammates Nick Foles, Trey Burton and Jordan Hicks. Among other convincing evidence, Maragos’s legal team proved at trial that Rothman Orthopaedics created two separate medical charts for Maragos, one of which failed to include key notes about his injury and recovery.

“On Sunday, my team played the Superbowl, and I could only watch and wonder whether I could have been out there with him had I received proper medical care,” said former Philadelphia Eagles Team Captain Chris Maragos. “While I live in constant pain and will never get back on the field, I hope this decision sends a message to teams’ medical staffs that players are people, not just contracts.”

“This verdict will not bring back Chris’ NFL career, but we are grateful the Maragos family finally got a measure of justice,” said Peter J. Flowers, Partner at Meyers & Flowers. “But, this is only the beginning in our effort to demand further accountability for professional sports franchises and ethical treatment for athletes. This jury’s verdict serves as a reminder that any team’s doctor, in any sport, who jeopardizes the well-being of its players due to contractual obligations or financial incentives, will be held accountable for their misconduct.”

Maragos suffered a right knee injury during a game on October 12, 2017, against the Carolina Panthers. The injury was diagnosed as a torn right knee posterior cruciate ligament (PCL). Dr. Bradley performed a surgical repair of Maragos’s right knee and then oversaw and directed the post-operative treatment with the support of Rothman Orthopaedics.

In May 2018, an MRI revealed that Maragos’s injury had been getting worse and that he was suffering from a persistent partial tear. As testified to during the trial, Dr. Bradley and Rothman Orthopaedics should have held off on advancing Maragos’s activities in light of the results of this MRI. Instead, they released Maragos, allowing him to advance his rehab to include running on dry land. These activities, ordered by Bradley and administered by Rothman, resulted in undue stress on Maragos’s knee, leading to further complications and, ultimately, the premature end of Maragos’s NFL career.

“This case and this jury may have changed the course of history by now forcing these team doctors and trainers to stop worrying about when a player might return to play and start thinking about the next 50 years of a players life,” said Dion G. Rassias, Attorney at The Beasley Firm.

Chris Maragos was represented by Peter J. Flowers and Frank V. Cesarone of Meyers & Flowers, along with Dion G. Rassias and Jill Johnson of The Beasley Firm, a Philadelphia-based law firm. Maragos started his career with the San Francisco 49ers before winning the Super Bowl as a Seattle Seahawks player in 2014. He then signed a three-year contract to play for the Eagles in 2014.

About Meyers & Flowers

Led by Illinois Top 100 Super Lawyer and former President of the Illinois Trial Lawyers Association, Peter J. Flowers, the Meyers & Flowers team of experienced trial attorneys routinely take on large challenges and succeed. For more than two decades, the firm has represented clients both locally in Chicago and nationally in a full spectrum of cases involving catastrophic personal injuries, medical malpractice, workplace injuries, and wrongful death.

About The Beasley Firm

Established in 1958, The Beasley Firm has represented countless injury victims and has won more than $2 billion in compensation – something that few other law firms can truly match. Their Philadelphia personal injury and trial lawyers are passionate about advocating for the catastrophically injured: those who have lost loved ones, family members or those tragically hurt in a serious accident.

Frank Cesarone Negotiates More Than $15,280,000 for Victims of Defective Medical Devices

Over the past few months, trial attorney Frank V. Cesarone negotiated $12,938,000 in combined resolutions on behalf of a small group of individuals injured by a defective medical device. Due to his tireless efforts and fierce advocacy, Frank obtained the group settlement to cover the costs of his client’s corrective surgeries, follow-up care, and general damages for pain and suffering.

“The medical device industry had flooded the market with dangerous products so corporations can make large profits.  Sadly, in the process, these products have injured countless people,” said Frank Cesarone. “These large corporations will do anything possible to deflect liability for their actions and negligence, leaving innocent people who are seriously harmed without fair compensation for their pain and injuries. Holding these companies accountable is the first step, but there is a lot more to be done to stop these dangerous products from continuing to devastate unsuspecting patients’ lives.”

That same month, Frank Cesarone, alongside Peter Flowers, also earned a former professional athlete a multi-million-dollar settlement after he was injured by a defective product. The victim endured years of painful complications, physical limitations, and extensive medical treatments that stripped him of his normal life. 

Our team of product liability lawyers at Meyers & Flowers have a long, successful track record of prosecuting large corporate medical device manufacturers. For more than two decades, Meyers & Flowers has defended clients harmed by negligent companies. In 2010, Founding Partner Peter J. Flowers helped secure a historic $2.5 billion settlement against DePuy Orthopaedics of Johnson & Johnson for more than 8,000 patients suffering from defective ASR-hip replacement devices. Since then, the firm has continued its commitment to standing up for those injured and compassionately advocating to get our clients back on their feet.

If you or a loved one has experienced pain or injuries due to a medical device or dangerous product, we encourage you to seek legal representation to assist you in pursuing full financial compensation for damages. At Meyers & Flowers, our Chicago-based team of product liability lawyers can answer your questions and assist you with a case against the manufacturer. Contact us today for a free case evaluation online or by phone at (630) 232-6333. No fee unless we win or settle your case.

$12 Million Medical Malpractice Settlement for 7-Year-Old Boy With Cerebral Palsy Who Suffered a Severe Brain Injury Because His Physicians Failed to Diagnose His Seizures

Meyers & Flowers trial attorneys Craig D. Brown and Peter J. Flowers recently finalized a $12 million medical malpractice settlement for a 7-year-old boy after his physicians negligently failed to diagnose and stop his seizures while he was a patient at a northern Illinois hospital for 36 hours. 

Adam was diagnosed with cerebral palsy when he was 2 years old. His cerebral palsy caused many significant physical and cognitive disabilities. In the spring of 2016, Adam was a second grader who had worked very hard to learn how to walk with a walker, read some picture books, and feed himself with his fingers. Although Adam could not speak very well, he loved going to school with his friends. He enjoyed an extremely close relationship with his parents and siblings and absolutely loved singing songs with his older sister when he got home from school. Although his disabilities required him to be dependent on adult supervision, Adam worked hard in physical therapy to develop physical and cognitive skills that maximized his level of independence and, thus, his ability to enjoy his life as much as possible.    

On May 2, 2016, at approximately 3 am, Adam’s family awoke to him having a tonic-clonic (grand mal) seizure. They administered his rescue medications, but his body did not stop violently shaking, so they rushed him to the Defendant’s hospital, which was only 2 minutes away. Immediately upon arrival, Adam was given an IV administration of medications that stopped his convulsive seizures right away. The seizure and the medications caused Adam to stay asleep for 3 hours while he was in the emergency room. This initial period of unresponsiveness is not unusual because his body needed time to recover from such a significant seizure. However, when Adam failed to wake up by 7 am, he was admitted to the hospital for observation. 

Over the next 24 hours, Adam remained unresponsive and made no progress toward returning to his baseline level of alertness. He also showed obvious signs that his brain was still seizing even though his body was not shaking, including having a high fever, muscle tightening, and an elevated heart rate. Adam’s mother, a registered nurse, repeatedly asked the doctors and nurses to order an EEG throughout the day, which could determine if his brain was still seizing, but his physicians did not order the EEG until 7 pm. 

Although no abnormalities were noted in the initial EEG, Adam was still unresponsive, so a pediatric neurologist practicing telemedicine from Florida agreed to monitor the continuous EEG that ran overnight and into the next morning. The next day, almost 36 hours after Adam arrived at the hospital, his doctors reviewed the entire EEG strip for the first time and determined that Adam’s brain had been seizing on and off the entire time he was in the hospital.      

After being transferred to a Wisconsin pediatric hospital via helicopter, Adam was diagnosed with a catastrophic global brain injury due to more than 36 hours of intermittent seizing. The tragic experience cost him every ounce of the autonomy he had worked so hard to gain since the day he was born. Now almost six years later, Adam is confined to a wheelchair, and he takes all his food through a G-tube. 

Meyers & Flowers trial attorney, Craig Brown, filed a medical malpractice lawsuit against several of Adam’s doctors and the hospital that employed them because they failed to diagnose his continued seizures in a timely manner. Over the last 4 years, the Meyers & Flowers team, led by Craig Brown and Peter Flowers, devoted their full resources to aggressively litigating Adam’s case as efficiently as possible despite potential delays that could have been caused by the Covid-19 pandemic.   

“The hospital staff’s failure to use reasonable care caused our client to suffer a massive brain injury that could have been prevented had they simply ordered an EEG by 9 am when it was obvious something was wrong,” said Craig Brown. “The EEG would have shown Adam was still seizing, and his doctors would have administered standard anti-seizure medication that would have effectively and permanently stopped his seizures before any brain damage occurred.” 

Conversely, the doctors and the hospital aggressively defended the case for 3 years and denied they deviated from the standard of care. Their team alleged it was reasonable for the physicians to expect Adam’s “sleepy” period to last for 12-24 hours because his severe seizure at home had lasted many hours. Records taken by the nursing staff indicating Adam was “sleepy but arousable” and a lack of recommendations for an EEG from a consulting pediatric neurologist from Wisconsin strengthened the Defendants' arguments. 

“The Defendants’ main strategy was to convince our jury that Adam’s seizure at home led to his devastating brain injury and the continued seizures he had for 36 hours at their hospital miraculously did not cause any harm because these seizures were not the type of seizures that can cause the brain injury Adam suffered,” said Mr. Brown.  

In order to meet their burden of proof, the Meyers & Flowers team hired twenty different expert witnesses from the best medical institutions in the United States to evaluate the complex medical issues regarding what Adam’s doctors did wrong and why Adam’s brain injury was caused by the undiagnosed seizures at the hospital, not by his seizure at home. Furthermore, Mr. Brown and Mr. Flowers had the added challenge of explaining to the jury how Adam’s life was severely and permanently impacted by this new brain injury, even though his cerebral palsy caused profound physical and cognitive disabilities before his seizure events. 

“This is one of the most complex medical cases any trial lawyer could handle,” said Mr. Flowers. “Thus, we presented the case to several different focus groups, and we conducted a mock trial so we had a very good idea how our jury was going to react to the evidence we would have presented at trial. The information we learned from our focus groups and our mock trial helped us evaluate our case and counteract all the Defendants’ arguments.”      

After a full-day mediation, the parties agreed to a settlement of $12 million to be paid partially by the hospital and one of the Defendant’s liability carriers. “It was an honor and privilege to represent Adam and his family in this case,” said Mr. Brown. “I am so thankful we were able to obtain justice and fair compensation for Adam. We are now working with Adam’s parents to create an Irrevocable Trust that will protect and grow Adam’s settlement funds. We are so pleased to be able to help them retrofit their home with Hoyer lifts, a therapy pool, and other amenities that will help Adam make the best recovery possible. Adam will now be able to receive the best medical care and rehabilitation services for the rest of his life.”  

“Craig did a great job of representing Adam – representing him before and after. For me it was so important for everyone who was involved in this case to get to know Adam. You could see his injuries listed on paper, but everyone needed to grasp the part of our son that was there before which we lost. And Craig really did that. Craig took the time to understand all of our hopes, dreams, and aspirations for our son’s quality of life going forward, so that he could be a good advocate for all that Adam truly lost. Craig really cared about Adam and was working for him in hopes of giving him a better life through the outcome. Now we have the ability to help make his quality of life all that we had wished for because of the fantastic work of the team,” said Adam’s mother. 

If you or a loved one were injured due to the negligence of a doctor or hospital, contact us today to explore your legal options. Contact our office at (630) 232-6333 or request a free case evaluation online. 

$10 Million Resolution for Family of Man Killed in Industrial Accident

In January of 2015, Meyers & Flowers received a phone call from Julie concerning a lawsuit she had filed against a major US corporation. Julie’s husband Joe was killed in an industrial accident inside a Chicago-area plant. When Julie spoke to attorney Craig Brown, she was frustrated by the slow progress of her case. Her attorney at the time had only completed three depositions during the 20 months the case had been pending, and the defendant had not yet made any settlement offers. Julie asked the litigation team at Meyers & Flowers to take over her case.

Over the next 19 months, Meyers & Flowers’ Craig Brown and Jon Mincieli completed 53 depositions, researched, retained and presented eight expert witnesses for deposition. The team also deposed three expert witnesses hired by the defense and conducted four mock trials. Ultimately, our attorneys negotiated a $10 million settlement with the defendant that was approved by the Court five weeks before the case was scheduled to begin.

"Joe was an amazing husband and father,” said Craig Brown. “As soon as we took over the case, we knew the best way to help Julie, and her family was to develop an extremely aggressive litigation plan and move this tragic case to trial as quickly possible. Powerful U.S. corporations, such as the one we were facing, never offer fair compensation unless they know the plaintiff has properly prepared the case for trial."

"Craig and I dedicated the full resources of our firm to push this case to trial as aggressively as possible,” said Jon Mincieli. “Representing this family was one of the highlights of my career. I was honored and privileged to be in a position to help them recover not only fair compensation but also closure to litigation that was unnecessarily delayed before our involvement."

Meyers & Flowers has decades of experience fighting for the victims of workplace injuries and wrongful deaths. If we can be of help to you or a family member, contact us at [email protected] or at (630) 232-6333.

$8.1 Million Wrongful Death Settlement Secured with Chicago Hospital

Meyers & Flowers secure $8.1 million settlement in wrongful death suit against John H. Stroger Jr. Hospital of Cook County.

Chicago, IL – August 21, 2024 – Meyers & Flowers Trial Attorneys Craig D. Brown and Thomas M. Connelly recently secured an $8.1 million settlement against John H. Stroger Jr. Hospital of Cook County.

Our client, John*, presented to the emergency room at Stroger Hospital suffering from left shoulder and abdominal pain following a minor car crash a few days earlier. After physical exam and diagnostic imaging were completed, John was diagnosed with a splenic laceration and was admitted for overnight monitoring.

The following day, John’s condition worsened, and he exhibited many signs and symptoms of internal bleeding, including an elevated heart rate, decreased hemoglobin, nausea, and difficulty breathing. Despite the clear signs and symptoms of internal bleeding, John was kept in the observation unit and was not transferred to the ICU for increased monitoring.  Sadly, after complaining for several hours, John coded and died.

After being contacted by John’s family, Attorney Brown and Attorney Connelly quickly filed a lawsuit against Stroger Hospital, successfully pleading around potential tort immunities that would have protected Stroger Hospital, a unit of local government, from liability.

Stroger Hospital argued that it did not deviate from the standard of care and that John’s death was unexpected and unforeseeable because no testing revealed John suffered from internal bleeding when he arrived at the hospital.

However, early in the discovery process, Mr. Brown and Mr. Connelly established a timeline of events demonstrating that Stroger Hospital failed to respond to John’s worsening condition despite several nurses sounding the alarms about internal bleeding concerns. Attorney Brown and Attorney Connelly successfully proved their timeline by eliciting helpful testimony from Stroger Hospital’s own employees.

Ultimately, Mr. Brown and Mr. Connelly built a strong case that revealed Stroger Hospital ignored the obvious warning signs of John’s active internal bleeding and failed to respond with one of several reasonable options, including sending John to the ICU or sending him to the operating room to remove his spleen.

In initial settlement discussions, the hospital attempted to diminish John’s family’s claim due to the low economic damages available. However, the Meyers & Flowers team rightfully established that John’s children suffered intense grief as a result of losing their father’s love, affection, and care. Because of Mr. Brown and Mr. Connelly’s vigorous and efficient efforts, the family was able to find closure and settle the case within 7 months of filing their lawsuit.

“This was an avoidable tragedy. While nothing can replace the damage our client’s family has suffered, we are hopeful that this settlement brings some well-deserved closure to the family and will provide for John’s children in the future,” said Attorney Brown.

Craig D. Brown, Thomas M. Connelly, and the entire team of trial lawyers at Meyers & Flowers have earned a reputation for relentlessly pursuing justice for people who have been seriously injured or killed by wrongful conduct. 

If you or a loved one has experienced negligent medical care, we want to hear from you. Call Meyers & Flowers at 630-576-9696 for your free, no obligation case evaluation.

About Meyers & Flowers

Led by Illinois Top 100 Super Lawyer and former President of the Illinois Trial Lawyers Association, Peter J. Flowers, the Meyers & Flowers team of experienced trial attorneys routinely take on large challenges and succeed. For more than two decades, the firm has represented clients both locally in Chicago and nationally in a full spectrum of cases involving catastrophic personal injuries, sexual abuse, medical malpractice, product liability, and corporate litigation.

Contact us today at 630-576-9696 for your free, no obligation case evaluation or click here.

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Media Contact:

Nicole Dykas, Director of Marketing

Phone- 630-232-6333 | Email- [email protected]

*Name has been changed for privacy and confidentiality purposes.

$7.5 Million Medical Malpractice Award for Severely Disabled Client

Second-Highest Medical Malpractice Award in Kane County History.

Attorneys Craig Brown and Peter Flowers recently obtained a $7.5 million settlement for their severely disabled client in a case that was pending in Kane County for less than 2 years.

On January 13, 2010, John complained to a nurse at his doctor’s office that he was experiencing headaches. He was concerned because he had no history of headaches. Four days later, John suffered seizure-like symptoms, which included contractions, difficulty breathing, and a loss of bladder control. John was monitored closely by his nurses and doctor for the next several days.

On January 21, 2010, John still had a severe headache causing dizziness, nausea, and fatigue. During a routine examination, John’s nurse noticed John’s right pupil was nonreactive. When John’s doctor examined him the next day, John’s pupil was normal, and he was feeling better, although he still had a severe headache. His doctor diagnosed him with a urinary tract infection based on some abnormal lab results and prescribed Tylenol with codeine for his headaches.

On January 24, 2010, John was found unresponsive but breathing with urine incontinence and priapism. His pupils were pinpoint and non-reactive to light. By the time John arrived at a nearby emergency room, he told the ER staff he was feeling better but still had a severe headache that started eight days before. An Emergency CT scan of his brain proved John had a small amount of bleeding from a blood vessel in his brain. The emergency room staff immediately decided to transfer him to a different hospital where doctors could perform highly advanced surgery to stop his bleeding.

John suffered a ruptured cerebral aneurysm on the way to the second hospital. Emergency surgery was performed, and his surgeons were able to stop the bleeding. Tragically, the massive amount of bleeding in his brain from his ruptured aneurysm caused severe, irreversible brain damage. Today, John is 50 years old and is totally disabled. He lives in a nursing home because he is no longer able to use his arms and legs in any meaningful way.

Attorneys Brown and Flowers filed a medical malpractice lawsuit against John’s doctors and nurses because the medical standard of care required them to understand and appreciate that John was experiencing abnormal neurological symptoms from January 17, 2010, until his aneurysm ruptured on January 24, 2010. Thus, they were required to obtain a CT scan on January 17. If the defendants ordered the CT scan earlier, they would have discovered his small brain bleed in time to successfully repair it before he suffered irreversible brain damage.

John’s mother, Theresa, and his sister Julie were appointed guardians of his estate and retained Mr. Brown and Mr. Flowers in March 2010. From the beginning, both attorneys knew John would never work again, and he would never receive high-quality medical care because he would be forced to become a public aid recipient.

They then developed an aggressive litigation plan designed to move his case to trial as quickly as possible, and over the next 13 months, Brown and Flowers devoted the full resources of the firm to John’s case. On November 18, 2011, shortly before John’s case was scheduled to start trial, a $7.5 million dollar settlement agreement was reached. The settlement amount was the second-highest medical malpractice award in the history of Kane County.

Brown and Flowers are now helping John and his guardians build a handicap accessible home with a voice-activated Hoyer lift that will transport him from room to room. Trust attorney Ted Meyers is also helping establish various trusts where John’s settlement proceeds will be used to obtain the best medical care and improve the quality and dignity of his life to the fullest extent possible.

“I cannot explain how much Craig and Peter’s representation has meant to our family during the worst crisis of our lives,” said Julie, John’s sister and guardian. “In addition to their skill, devotion, and integrity, our attorneys genuinely cared about this case and became our dear friends. Craig was always there when we needed his emotional support. His kindness and compassion helped us endure the painful process necessary to vindicate the lack of care and wrongdoing that was put upon my brother. My trust in his wisdom will always be one of the best decisions of my life.”

At First Trial Over Dangerous Household Product, Jury Awards $7 Million to Woman Disfigured by Exploding Cooking Spray

Videos and graphic images of exploding cans demonstrate the danger of household cooking spray cans; dozens of additional cases remain pending.

CHICAGO, IL–The first trial in a series of personal injury lawsuits related to exploding cooking spray cans resulted Monday in a $7.1 million verdict for a Pennsylvania woman and a reminder of the potential danger of the household cooking product.

A jury in Cook County Superior Court awarded a $7.1 million verdict to Tammy Reese, a Pennsylvania woman, who was one of dozens of people injured from exploding cans of household cooking spray made by the food packaging giant Conagra. The award includes $4 million for punitive damages and $3.1 million in compensatory damages for the plaintiff. These incidents, which have occurred in home kitchens and restaurants across the country, have led to permanent injuries for dozens of customers. A total of 56 cases have been filed with 61 injured plaintiffs since the complaint was brought forth against Conagra, which manufactures PAM and other similar cooking spray brands.

On May 9, 2017, Reese was working as a cook at a social club in Shippensburg, PA, when the cooking spray can overpressurized and exploded, igniting in flames and catching Tammy on fire. She sustained burns on her forearms, both hands, and her face.

“Nothing can begin to describe the excruciating pain and fear I felt that day. When I learned that countless other people had experienced what I went through and that no recall was ever made, I felt angry. I hope that they can get justice for the pain Conagra caused them to live with for the rest of our lives,” said the plaintiff, Tammy Reese.

Cooking spray is most commonly designed as an aerosol container that dispenses a fluid product under pressure. In 2011, Conagra began using a new kind of aerosol can in an effort to save money, as detailed in the lawsuits filed.

The new design is used primarily for cans that contain more than 10 oz. of product, the type usually sold at wholesale retail chains around the country under either the PAM label or generic store brands manufactured by Conagra for retailers. The new design includes a venting mechanism on the bottom of the can – visible as four U-shaped score marks – intended to allow the container to vent its flammable contents in a controlled manner. The plaintiffs in these cases have alleged that the design of the cans is faulty, dangerous, and prone to explosion.

“Conagra recklessly put countless people in danger when it became aware of the clear danger posed by these defective spray cans. It was even more irresponsible to reject a recall that could have averted additional injuries after these claims came to light, despite Conagra having known about these issues previously. While the jury’s award won’t be able to undo some of the victims’ injuries, we hope it can begin to undo some of the harm that Conagra caused them,” said J. Craig Smith of Koskoff, Koskoff and Bieder, one of the law firms representing the victims in the cases.

Koskoff Koskoff & Bieder and Meyers & Flowers, who represent the plaintiffs, have conducted unique research and product-safety testing on the design and safety of Conagra-manufactured spray cans. The research consisted of a variety of experts and lab tests over the course of several years. This extensive testing proved, undoubtedly, the defectiveness and faulty design of the bottom of Conagra cooking spray cans and the extreme safety hazards for consumers using the product.

“Overlooking the clear and present risk that their product caused to their customers just so they can turn a profit is one of the most shocking examples of corporate negligence that I’ve seen. While these defective cans are no longer being manufactured, consumers should still be aware that they are on the shelves and they can permanently harm you,” said Pete Flowers of Meyers & Flowers, who also represents the plaintiffs.

Evidently aware of the danger the new can design poses, Conagra has inferred to business partners that, as of January 1, 2019, it has discontinued additional production using the new design. However, the company refused to issue a nationwide recall of the already-shipped product, which has a shelf life of several years, resulting in the dangerous cans remaining on store shelves.

About Koskoff, Koskoff & Bieder

Koskoff, Koskoff & Bieder, based in Connecticut, is a nationally recognized law firm that, in 2022, achieved a landmark legal victory on behalf of nine families of the Sandy Hook School shooting. The firm has also achieved record verdicts for people who suffer serious harm from violation of their civil or constitutional rights, medical malpractice, dangerous products, negligence, corporate or governmental abuse, and commercial misconduct.

About Meyers & Flowers

Led by Illinois Top 100 Super Lawyer and former President of the Illinois Trial Lawyers Association, Peter J. Flowers, the Meyers & Flowers team of experienced trial attorneys routinely take on large challenges and succeed. For more than two decades, the firm has represented clients both locally in Chicago and nationally in a full spectrum of cases involving catastrophic personal injuries, medical malpractice, workplace injuries, and wrongful death.

$7 Million Resolution for Six-Year-Old Boy Hit by Negligent Semi-Truck Driver

Craig D. Brown and Michael W. Lenert of Meyers & Flowers obtained a $7,000,000.00 settlement on behalf of a 6-year-old Illinois boy struck by a commercial semi-tractor trailer while he was riding a motorized scooter. 

On September 19, 2017, six-year-old Charlie went over to his friend Johnny’s house in rural Illinois to play after school.  Johnny lived on a truck route in a residential neighborhood.  Johnny’s great grandmother was at the home to supervise the two boys.  While playing in the back yard, Johnny went into the unlocked garage and started driving a 12-volt motorized scooter up and down the driveway.  Although Charlie had just learned how to ride a bike two weeks prior, he wanted to take a turn riding the scooter.  Tragically, Charlie, not knowing how to control the scooter, began to drive the scooter down the driveway.  As Charlie sped down the driveway, he attempted to stop the scooter by dragging his feet. Unfortunately, Charlie was unable to stop and ultimately entered the roadway where he was run over by an 18-wheel semi-tractor trailer.   

It is a miracle Charlie survived the crash, but his injuries can only be described as permanent and catastrophic.  He suffered multiple orthopedic fractures, internal bleeding, and a complete disconnection of his urethra from his bladder.  Furthermore, he suffered a severe traumatic brain injury that caused permanent and substantial cognitive deficits.  He underwent dozens of surgeries, but unfortunately, his injuries will leave him dependent on his loved ones for basic needs for the rest of his life.  

“Both my wife and I had tragedy strike when our son was hit by a semi tanker,” said Charlie’s father.  Though our son made it out alive, we were met with a large healthcare lien from the hospital.  We were referred out to Meyers & Flowers and from the beginning of our case the team was understanding with our availability and were willing to help us out in any way possible.” The Meyers & Flowers team led by Craig Brown and Michael Lenert worked on Charlie’s case for over 3 years and investigated every possible legal cause of the crash.  

Initially, their efforts focused on the homeowner’s insurance policies.  According to Craig Brown, “Johnny’s parents and grandparents were one of the legal causes of Charlie's catastrophic injuries.   Johnny’s parents were negligent because they allowed their young son to have unsupervised access to a dangerous motor scooter.  That scooter should have been locked in the garage and not used without adult supervision.  Moreover, Johnny’s grandmother was also a legal cause of the crash because she failed to supervise Johnny and Charlie, who were only 6 years old.  Fortunately, we were able to convince the homeowner’s insurance company to pay their full $1 million policy at the outset.  We used this money to help Charlie obtain the best medical care possible while we continued to investigate all potential causes of action.”   

Mr. Brown and Mr. Lenert specifically investigated a potential case against the driver of the semi-tractor and his employer.  The driver told the investigating police officer that he never saw Charlie before the impact and that after he felt a bump, he slowed down, looked in his side mirror, and saw Charlie lying in the street.  The driver claimed he kept a proper lookout to his right as he was heading down the truck route, but his view of Charlie was obstructed by trees and a minivan that was parked in Johnny’s front yard. 

“When I initially contacted the insurance company of the driver, I was told the driver did nothing wrong, that the accident was unavoidable as the driver did not have an opportunity to see Charlie prior to the impact, and that consequently the insurance company was never going to pay to settle the case despite the fact that there was $6 million of liability coverage.  Given the carrier’s steadfast refusal to consider the merits of our claim, it was necessary for us to litigate this matter to establish the liability of its insured and convince the carrier that they had grossly misevaluated the claim,” said Craig.  

To prove the truck driver could have stopped his 18-wheeler before Charlie entered the roadway had the driver kept a proper lookout, Mr. Brown and Mr. Lenert hired a team of experts who utilized state-of-the-art technology to prove what really happened that tragic day.  According to Mr. Brown, “We had our experts drive the same type of truck down that road on the 1-year anniversary of the crash, and they videotaped the visibility from inside the cab.  We also flew a drone down the street to capture exactly what the truck driver would have seen when he was driving down the road.  Our accident reconstruction expert then helped us establish that the driver should have been able to see Charlie at the top of the driveway when Charlie first began to drive the scooter down the driveway.  Through these efforts, we proved Charlie was visible for 7 seconds prior to the time of impact and the driver could have stopped his truck, which was traveling 30 mph, had he reacted properly when seeing Charlie at the top of the driveway.”   

“Through the opinions of our retained experts, we were able to create a three-dimensional computer model of the events leading up to the crash.  We were able to ultimately establish that if the driver had detected the electric scooter when leaving from the garage or his friend running down the driveway and began to slow, he would have been able to stop prior to reaching the area where the incident occurred.” 

Mr. Brown and Mr. Lenert also presented the evidence to several focus groups and conducted a mock trial to learn how potential jurors would most likely interpret the evidence. According to Mr. Lenert, “What became apparent was that we needed to clearly show the jury that the driver of the truck, despite only having seven seconds to react, had ample time to appreciate the hazard of the children playing on the driveway and respond appropriately to avoid this tragedy.”    

Shortly before the trial was to be scheduled, the same insurance company that initially denied the claim agreed to pay its full $6 million liability policy.  “While we cannot go back in time and prevent this crash and Charlie's catastrophic injuries, we are pleased that our thorough investigation, analysis, and prosecution of this crash, including the retention of some of the top experts in the country who utilized cutting edge technology, convinced the defense that they should tender their full policy limits as opposed to proceeding to a jury trial. This allowed us to secure a settlement that will allow Charlie's parents to give their son the best available medical care and treatment for the rest of his life,” said Mr. Lenert.  

“Meyers & Flowers is a firm with a dream team of experts for every situation.  I know the case with our son was an uphill battle with a lot of grey areas, but they were able to get the job done with experts proving the case from our standpoint.  Craig has kept constant contact with me on every aspect of my son's case and thought of different approaches to evidence that I would have never dreamed of.  He even made himself available to come to our house when driving to Chicago wasn't possible with our busy schedule.  The team was very professional and human! They treated us like real people rather than just another client.  They listened to our pleas for help, and he made sure to fight for us to better our son's future,” said Charlie’s parents. 

Accident law is complex, with many intricacies to navigate.  As a law firm with over 20 years of experience helping victims of auto accidents, we have the skills needed to protect your rights and ensure you are fully compensated both now and in the future.  If you or a family member needs additional information on Meyers & Flowers' experience in car crash or trucking accident litigation, please contact us today at [email protected] or at (630) 232-6333. 

Meyers & Flowers Wins Historic $6.2 Million Medical Malpractice Verdict for 71-year-old Kane County Man Whose Leg Was Amputated Above the Knee due to Avoidable Medical Errors

Meyers & Flowers announced today a historic $6,291,002 medical malpractice verdict for a needless above-knee amputation in Bill Hein vs. Kate Onyibor and Inpatient Consultants of Illinois, P.C. in Kane County, Illinois. This represents one of the largest verdicts for an injury of its kind in Kane County.

Craig Brown and Jonathan Mincieli, Meyers & Flowers Partners, filed suit for the Heins after Bill Hein’s leg had to be amputated above the knee due to a blood clot behind the knee, which was not diagnosed in a timely manner. The jury awarded the decision to the 71-year-old Hein and his wife for pain and suffering, disfigurement, loss of normal life, emotional distress, loss of consortium, and reasonable expense of necessary medical care.

On July 11, 2012, Mr. Hein checked into Sherman Hospital in Elgin, Illinois, for a routine prostate cancer surgery. As he was recovering from surgery, hospitalist Dr. Kate Onyibor breached the standard of care when she failed to act with the appropriate level of urgency after suspecting an arterial blood clot behind the knee and failed to order an emergency consultation with a vascular surgeon. Because of a lack of arterial blood flow to the leg, Mr. Hein’s leg had to be amputated above the knee 12 days later.

 “The Heins never thought a standard prostate cancer procedure could go so horribly wrong,” said Craig Brown, Meyers & Flowers Partner. “Every day, they continue to grapple with Bill’s loss of independence and emotional distress. With this verdict, they will be able to help Bill with his ongoing medical needs and recover some of his independence as well as, hopefully, help other families from having to face avoidable medical tragedies like these.”

The former Marine and Vietnam veteran has lived and worked in Kane County for more than 50 years. The Heins owned a local landscaping company for more than 22 years and were on the verge of retiring when they learned his leg had to be amputated. Mr. Hein has spent the last six years recovering and rebuilding his life. To this day, he continues to suffer from depression and can only use his prosthetic leg with the assistance of a walker.

“We have had the privilege of helping the Hein family take the vital steps to protect themselves as we aggressively represented their rights both today and work to assist them with their many medical needs in the future,” said Jonathan Mincieli, Meyers & Flowers Partner.

For more information about medical malpractice claims, contact us today at [email protected] or at (630) 232-6333.

$5 Million Settlement for Young Burn Victim

Attorneys Pete Flowers and Craig Brown negotiated a settlement in the amount of five million dollars that makes certain a severely injured child will receive lifetime medical care.

Mary took her toddler, Dariusz, to a Chicago area emergency room after he suffered burns to his face and chest when he accidentally spilled a cup of hot tea. The Emergency Room doctor failed to appreciate the severity of the burns and refused to transfer Dariusz to the burn unit at Loyola Hospital for specialized care.

As a result, Dariusz suffered a severe brain injury that would not have occurred if he had been transferred to the burn unit.

Attorneys Peter Flowers and Craig Brown were able to negotiate a $5 million settlement one week before trial.

Peter J. Flowers and Michael W. Lenert Recover $5 Million for Chicago Firefighter Killed in Line of Duty

On March 31, 2017, after more than five years of litigation, the Court approved a $5 million settlement secured by Peter J. Flowers and Michael W. Lenert, partners at Meyers & Flowers, for the adult children of a Chicago Firefighter killed in the line of duty. Firefighter E.S. suffered severe and permanent injuries, resulting in his death on December 22, 2010, after a total collapse of the timber truss roof of an abandoned commercial property in Chicago.

The Plaintiff alleged that the lender of the building, Apex Mortgage Corporation, had taken possession and control of the commercial property and was aware of the distressed and dangerous condition of the property, yet failed to address any of its problems due to concerns that it would not recoup its financial interest in the property.

“This is a classic example of a financial institution placing its profits above the safety of every person that walked inside that building. Apex could have avoided this tragedy had it simply done what was right. Unfortunately, Apex, like many other financial institutions, chose to look the other way in order to protect its pocketbook above all else,” said Peter J. Flowers.

On December 22, 2010, at about 6:52 am, Chicago firefighters, including Firefighter E.S., responded to a small rubbish fire at an abandoned commercial property on E. 75th Street in Chicago. After quickly extinguishing the fire, the firefighters performed a search and rescue to determine if there were people inside the building. While performing their search and rescue, the east wall of the property collapsed, causing a total collapse of the timber truss roof onto the firefighters. E.S. and another firefighter were killed, and more than a dozen others were injured in the collapse.

Apex Mortgage Corporation had held a mortgage on the property since 2000. In 2008, the mortgage on the property was in default, and Apex began discussions with the property owners to accept a deed in lieu of foreclosure. After receiving the signed deed in lieu of foreclosure documents from the property owners, Apex obtained an appraisal for the property, cleaned out and boarded up the property, and changed the locks on the property. In addition, contrary to its repeated denials throughout the litigation, Plaintiff discovered that Apex submitted a property loss insurance claim for a partial roof collapse with its force-placed insurance carrier shortly after obtaining the signed deed in lieu documents.

Apex’s insurance claim for a partial roof collapse was denied as an independent engineer found the condition of the roof to be the result of severe rotting and deterioration. Despite being advised that portions of the roof were rotted to the extent that the roof could not support its own weight, Apex took no steps to repair the property, nor did it provide a copy of the engineering report to the building owners.

From the outset, Apex denied that it ever possessed the property and argued that its acts were nothing more than an attempt to preserve the value of its collateral. Apex further maintained that it immediately notified the property owners of its rejection of the deed in lieu of foreclosure and took no further action with respect to the property after discovering the full extent of the property's structural issues in April 2009, more than eighteen months before the December 22, 2010 collapse.

The Plaintiff intended to prove at trial that Apex Mortgage Corporation owed firefighter E.S. a duty of care on December 22, 2010, as it had taken possession and control of the property beginning in 2008.

According to attorney Michael W. Lenert, "Despite being intimately familiar with the property's significant structural issues for more than eighteen months, Apex refused to take any remedial measures as it apparently did not believe it had any financial incentive to do so. We must continue to hold entities such as Apex accountable when they have every opportunity to avoid such tragedies, but instead, do nothing."

Firefighter E.S. was survived by his two adult children, Jennifer, 29, and Edward, Jr., 35. According to Michael Lenert, "It was an honor to represent Jennifer and her brother. From the first time I met Jennifer, she made it clear that her primary concern was to ensure greater protection for those who risk their lives for us daily. Unfortunately, it is far too common that our first responders are being unnecessarily placed in harm’s way because mortgage companies such as Apex refuse to make necessary repairs to their properties. Although this recovery will never bring their father back, my clients are confident that this settlement will place other lenders on notice that such nonfeasance will not be tolerated."

Meyers & Flowers long history of success in premises liability litigation comes from our dedication to helping protect the rights of those injured or harmed in such cases. For more information on how we can help you or a family member, contact us here or by phone at (630) 232-6333.

$5 Million Settlement for Family of Truck Driver Killed at Chicago Loading Facility

January 19, 2016, seemed like a typical day as Tracy parked his flatbed trailer in the loading zone of an industrial facility on the south side of Chicago and began preparing his flatbed to be loaded with large spools of wire.

As Tracy was in the process of removing equipment from a storage unit on the rear passenger side of his trailer, a semi tractor-trailer left a nearby loading bay, made a left-hand turn around the back of Tracy’s flatbed, and exited the facility along the passenger side of Tracy’s flatbed.

Approximately 15 minutes later, Tracy’s lifeless body was found next to his flatbed. There were no witnesses to the incident, and the driver of the truck denied striking Tracy. The investigating police department did not issue any citations to the truck driver.

Meyers & Flowers partners Craig Brown and Michael Lenert were contacted by Tracy’s wife and five adult children. The family wanted to know if anything could be done to address their father’s senseless death.

“When we initially evaluated this case shortly after Tracy was killed, we knew we had some evidentiary hurdles to clear because there were no witnesses to the occurrence, and Tracy failed to wear a safety vest and take other precautionary measures for his own safety,” said Craig Brown. “Fortunately, Tracy's family hired us not long after Tracy was killed, so we were able to conduct a complete investigation before crucial evidence was tampered with or lost.”

After thoroughly investigating the incident, the firm filed a wrongful death action against the driver of the truck and the industrial facility. Mr. Brown and Mr. Lenert alleged that the loading facility was negligent because it failed to control truck traffic in the loading area where Tracy was parked. They also alleged that the truck driver was negligent because he should have passed Tracy's trailer on the driver’s side, not the passenger side, and because he ran Tracy over by driving within approximately 12-24 inches of the side of Tracy's flatbed.

The Defendants denied Tracy was killed by the truck and also claimed he was responsible for his own death because he was wearing dark clothing without a safety vest in a dimly lit high-traffic area and failed to keep a proper lookout for passing trucks.

The attorneys rejected the defendant's initial $1.5 million settlement offer during an early settlement conference and began preparing for trial. They worked closely with an accident reconstruction expert, a trucking expert, a forensic pathologist, and a loading dock expert as they developed testimony that supported each of the allegations. The result: the defendants agreed to pay a $5 million settlement to Tracy's family shortly before the trial was scheduled to begin in Cook County, Illinois.

“From the outset, this case presented many unique evidentiary and liability challenges,” said Mike Lenert. “After completing more than 35 depositions and engaging in extensive motion practice on various pleading and discovery issues, we were ultimately able to secure a fair and just settlement for a wonderful family who lost an incredible husband and father.”

For three years, Mr. Lenert and Mr. Brown worked closely with Tracy’s family to be sure they understood how they were structuring the case and each step they were taking on the family’s behalf.

“There was a lot of appreciation for the fact that Craig and Mike could balance my family’s many voices,” said Jordan, Tracy’s son. “And, the fact that Craig gave me his cellphone number just gave me a sense of security and sincerity with which he operates. I tried not to use it too much, but it meant so much to me that he was willing to give us that number and to be available to us when we needed him.”

With this settlement, the family has some closure and is finding ways to move forward with their lives while honoring their father. “The efforts of Meyers & Flowers have helped us out in a tremendous way,” said Jordan.

At Meyers & Flowers, compassion and vigorous advocacy are the cornerstones of our representation of families who have been forced to deal with unnecessary tragedy. Contact us if we can be of help. We can be reached online or at (630) 232-6333 to request a case evaluation.

$3.785 Million Award to the Family of a Man Killed in Construction Case

Meyers & Flowers Partners Jonathan Mincieli and Craig Brown recently finalized a Cook County wrongful death settlement for the family of a man who was crushed to death by a cement wall he had just finished cutting.

In December of 2015, John’s employer was hired to cut a cement wall at an industrial plant in Chicago, Illinois. When John finished cutting a double doorway out of a large cement wall, the 4,000-pound slab unexpectedly fell on him, crushing him to death.

Mr. Mincieli and Mr. Brown filed suit against the General Contractor at the plant and three other subcontractors. All four were allegedly negligent in their safety responsibilities at the site because these defendants failed to require that the wall was braced before John finished cutting it.

The defendants denied responsibility and claimed John was the sole cause of his death because he failed to use the braces he had in his truck to prevent the wall from falling.

“There was definitely a legitimate dispute regarding whose responsibility it was to brace the wall, but contracts and OSHA regulations certainly required the defendants to perform an engineering survey and a Job Hazard Analysis before John should have been allowed to make the very first cut. Had they done so, they would have realized bracing was required, and they would have prevented John from starting the job until the proper bracing was utilized” said Mr. Mincieli.

The four defendants and the workers’ compensation carrier agreed to pay John’s family a total settlement of $3.785 million on the eve of trial.

“Now that a settlement has been reached, we are working with John’s wife to help protect her family’s financial future by making sure her children can securely attend college and transition to adulthood,” said Mr. Brown.

At Meyers & Flowers, compassion and vigorous advocacy are the cornerstones of our representation of families who have been forced to deal with unnecessary tragedy. Contact us if we can be of help. We can be reached online or at (630) 232-6333 to request a case evaluation.

The Meyers & Flowers team led by Partner Michael Lenert, worked tirelessly on behalf of the family of Betty and John Fassig in a wrongful death lawsuit against John Goldone III and his insurers, which was settled this summer for $3.6 million. The Mendota, Illinois, couple was killed last summer when their car was struck by Goldone when he failed to stop.

The Fassigs were survived by their two children and five grandchildren. The couple was active in their family and community. They stepped in to raise their three granddaughters when the girls tragically lost their parents less than 18 months apart in 2009 and 2011. The youngest of their granddaughters was in high school and still lived with Betty and John at the time of the accident. The couple could often be found on the sidelines of their grandchildren’s soccer, baseball and basketball games. They also cared for their disabled adult son.

“Betty and John were amazingly kind and caring parents and grandparents,” said Mike Lenert. “Over the last year, we dedicated the full resources of the firm to aggressively represent their family in every step of this case, as they worked in their memory. It was a privilege to work for the Fassig family our hope is that this settlement will serve as further closure for the family, as they continue to heal from their heartbreaking loss.”

The Meyers & Flowers team conducted an extensive investigation into the circumstances surrounding this case as we developed a comprehensive litigation plan and relentlessly pursued justice on behalf of the Fassig family.

Accident law is intricate, with many possible pitfalls. If you or a family member needs additional information on Meyers & Flowers' experience in car or trucking accident litigation, connect with us today at [email protected] or at (630) 232-6333.

$3.5 Million Resolution for Three-Year-Old Girl Who Lost Her Leg after Malpractice at a Chicago Hospital

In 2014, Paige* was born with a rare birth trait, which greatly increased her future risk of cancer. Her parents made the difficult decision to alleviate this risk through a series of complex surgical procedures that began when Paige was just four months old.

After one of these procedures, Paige’s right foot began showing obvious signs of lack of blood flow. Rather than terminating the overall procedure to save her foot, the medical team pushed forward, ignoring the more pressing issue. The family was reassured on several occasions that the appearance of her foot was normal and would improve. The medical team continued to render “treatment” to her dead foot for several weeks before finally obtaining consultation from an outside physician. This physician broke the difficult news to Paige’s parents that her foot was gangrenous, nonviable, and required immediate amputation.

At 14 months old, Paige underwent a right foot amputation above the ankle.

The Meyers & Flowers team, led by Partner Craig D. Brown, devoted countless hours fighting on behalf of Paige and her family. According to Kimberly M. Brancato, “Paige stole my heart from the moment I met her, fearlessly climbing up on our big office chairs with her prosthetic leg. Her mom was forced to quit her dream job to take care of Paige and her two young siblings, while her dad worked three jobs to keep up with Paige’s medical expenses. The fact that Paige, as an innocent 3-year-old, did not comprehend the magnitude of the trauma she went through and could not advocate on her own behalf made us want to fight that much harder.”

After conducting extensive research, three independent focus groups, meeting with medical experts nationwide, and engaging in a day-long mediation, Meyers & Flowers obtained justice for Paige.

“Our goal was to make sure Paige would receive the best medical care for the remaining 75 years of her life,” Craig said. “I could not stand the thought of this little girl dancing at her wedding someday with anything but the most state-of-the-art prosthetic device. It was a privilege to represent Paige and ensure her family no longer needs to worry about the future of her care.”

For more information about medical malpractice claims, contact us today at [email protected] or at (630) 232-6333.

*The name in this story has been changed to protect the privacy of our client.

$3.5 Million Settlement For 25-Year-Old Man Injured in A Semi-Truck Collision

Meyers & Flowers partners, Craig D. Brown and James A. McPhedran, recently obtained a $3.5 million settlement on behalf of a 25-year-old man who sustained severe brain injuries after a collision with a tractor-trailer that attempted to make a left turn across a rural highway in Central Illinois.

On August 29, 2017, John was heading southbound on a rural highway when a semi-trailer truck pulled out of the intersection to make a left-hand turn in front of John.

As the sun began to rise that morning, there was thick fog covering the highway, leading to extremely poor driving visibility. Although the commercial truck driver was unable to adequately see oncoming traffic, he attempted to make a left-hand turn heading northbound. “This is a classic example of a professional truck driver failing to comply with FMCSR 392.14, which requires extreme caution in hazardous conditions and obligates the professional driver to discontinue driving when conditions become sufficiently dangerous,” said Brown. As he pulled into traffic, he abruptly stopped his cab once he approached the median to avoid another motorist to his right driving north. His stopping blocked both southbound lanes, creating an unavoidable hazard for John.

By the time John could see the potential danger and attempted to brake, it was too late. The impact of John’s Chevrolet colliding with the left side of the 79,000-pound vehicle resulted in substantial damage to his pickup truck. John suffered a broken leg and a severe brain injury in the collision.

According to Jim McPhedran, “This case was very challenging in several respects. The defense argued that John was at fault because he was driving too fast in the dense fog, and thus, his excessive speed prevented him from stopping in time to avoid the collision. Second, they argued a jury in down state Central Illinois County would be too conservative to award a large, just verdict. Fortunately, we hired expert accident reconstruction witnesses who were able to produce a video recreation that, among other things, illustrated how and why John was not at fault. Also, we were able to demonstrate to the defense that we have obtained many seven figure settlements and verdicts which helped us convince the defense to pay a settlement that was equal to what a jury most likely would have awarded recognizing that in an appropriate case, local juries in Central Illinois can also provide a just verdict to fairly compensate injured persons and their families.”

The settlement was finalized during a mediation in May, several weeks before the trial was set to begin. The $3.5 million payment will help cover John’s lost wages while giving him the ability to maximize his quality of life.

“John is a great young man who had his life changed in an instant by a truck driver’s reckless decision to make a left turn across a rural highway in dense fog. He is now able to afford the best cognitive therapy, which is already helping him recover more quickly. Hopefully, he will continue to get a little better each day and ultimately return to work as a truck driver,” said Mr. Brown.

“We went to this law firm with our hardships, and they reached out and did everything in their power to help us so that we could concentrate on my son and what was needed to bring him back to us,” explained John’s mother.

“I have a deep love for my family, and we wanted only what we could have to help my son get the care he needs to live the best life he can, every day, as he will have ongoing issues for the rest of his life. This law firm and/or staff have done this and more, and we are so thankful. We give our heartfelt blessings to the Meyers & Flowers family.”

If you or a loved one has been involved in a serious car crash or trucking accident, contact Meyers & Flowers today at [email protected], (630) 232-6333, or online to request a free case evaluation.

$3 Million Award to Family of Young Man Killed in Chain Reaction Crash on I-80 In LaSalle County

On August 1, 2016, Octavio was sitting in his work truck stopped in construction traffic on westbound I-80 in LaSalle County, Illinois. Little did he know that several yards behind him, a truck driver had failed to slow his semi-tractor trailer as he approached Octavio and the stopped traffic behind him. The truck driver crashed into a car, which caused a chain reaction collision involving multiple vehicles. Tragically, Octavio and a young engaged couple in another vehicle were killed.

Octavio’s wife turned to Meyers & Flowers partners Jonathan Mincieli and Craig Brown for help with this devastating case as she faced having to raise three small children on her own.

Exhaustive research revealed that the truck driver and his employer only had $1 million of liability coverage. However, Jonathan Mincieli, lead counsel for the firm, was able to establish evidence to prove three other defendants, who did not employ the negligent trucker, were still legally responsible for Octavio’s death.

“By establishing liability against the other defendants through legal principles of apparent agency, joint venture liability, and broker liability, we were able to identify an additional $6 million in insurance coverage that otherwise would have been overlooked,” said Mr. Mincieli.

All four defendants agreed to pay their full $7 million policy limits to the three families who were tragically killed in this senseless crash. Ultimately, Meyers & Flowers obtained a $3 million payment for Octavio’s family, while the other two families received $2.1 million and $1.9 million each.

“I am so thankful through Jonathan’s hard work, we were able to establish liability against companies other than the underinsured truck driver. This man should never be allowed to operate a truck again,” said Mr. Brown. “Because of this award, Octavio’s wife will be able to provide for her children while they continue to mourn the death of an amazing husband and father and rebuild their lives.”

If you or your family have been involved in a serious truck crash, contact Meyers & Flowers. Our attorneys have the experience and skills needed to protect your rights and ensure that you are fully compensated both now and in the future. We can be reached online or at (630) 232-6333 to request a case evaluation.

Meyers & Flowers Earns Sexual Abuse Settlement Against School District

The firm filed a civil lawsuit against the West Aurora School District, the former Principal of West Aurora High School and the former Superintendent of the School District in September of 2012 on behalf of a young woman who was sexually abused by her band teacher, Steve Orland, during her Junior and Senior years at West Aurora High School. The band director pleaded guilty to abusing the firm’s client in March of 2012 and was sentenced to 12 years in prison. The firm’s civil lawsuit for money damages was filed because the school officials ignored warnings that Orland was a pedophile and failed to report Orland to the Illinois Department of Children and Family Services after a school janitor told the district he saw Orland with a different female student in a dark band room closet.

“Our client had the guts to stand up to this pedophile and the School District because she wanted to prevent other young girls from being abused,” said trial attorney Craig Brown. “Because of her courage and conviction, the Kane County State’s Attorney’s office has forced the School District to implement new policies and procedures that will make the school a much safer place for young girls. We sincerely hope other school districts pay attention to this case so their students can enjoy their high school experience without being victimized by sexual predators.”

For more information about this case, please see reports from the following media outlets:

• Daily Herald »
• Chicago Tribune »

$2.75 Million Settlement for Sexual Abuse Case at Equestrian Center

Minor rider sexually abused by stable hand.

Partner Michael W. Lenert secured a $2.75 million settlement for “Jane Doe” who was sexually assaulted as a teenager by a stable hand at a northwest suburban equestrian facility where she was enrolled in riding lessons.

“While no amount of money can fairly compensate any victim of sexual abuse, this settlement allows my client to close this horrific chapter of her life and provides her with the financial support to further her educational and professional goals,” Mr. Lenert said. “Families send their children to riding programs expecting a culture of safety and growth. Unfortunately, despite its promises of being a safe place for my teenage client to learn and develop her skills as an avid horse rider, this facility recklessly allowed her to be left unsupervised with one of its employees that it should have known was unfit to be working around children.”

Through discovery and numerous depositions, it was determined that the stable was consistently leaving its vulnerable young female riders, including Jane Doe, alone and unsupervised with an adult male employee who had a criminal history and also happened to be related to the owner of the stable. This adult employee began sexually abusing Jane Doe after the owner of the facility, unbeknownst to Jane Doe’s parents, began allowing her relative and employee to individually train Jane Doe with no supervision by the stable.

The stable’s insurance carrier initially denied coverage and did not make any settlement offers for more than three years of litigation. Despite its steadfast denial of liability and insurance coverage, the evidence obtained by Mr. Lenert overwhelmingly supported Jane Doe’s claim that the facility was negligent in its supervision of its employees. After several months of protracted negotiations over both the insurance coverage and liability issues, the stable and its carrier agreed to pay $2.75 million to resolve the litigation.

“I am honored to have represented such a resilient young woman that had the strength to speak up in the midst of threats and acts to silence her,” said Lenert. “It gives me immense pleasure knowing that this resolution will enable my client to put this terrible tragedy in hindsight and live the life she had always envisioned for herself.” 

If you have been a victim of sexual violence, you are not alone. Visit https://www.rainn.org/ to find an abundance of resources, including a free and confidential national sexual assault hotline available 24/7, to learn more about how to help yourself or others. Further information and resources can be found here. If you would like to consult one of our experienced sexual abuse lawyers for a free legal consultation, please visit here.

The settlement is subject to confidentiality prohibiting the disclosure of the names of the parties involved.

On November 11, 2017, Javier was a passenger in his father's van as it was heading east on Bluff City Rd. in Elgin, Il. At the same time, the defendant’s landscaping truck was heading west on Bluff City Rd., when it unexpectedly crossed the centerline and struck Javier’s vehicle head-on.  

Javier suffered multiple fractures to his left hip that required surgical repair and a lengthy hospital and rehabilitation center stay. Unfortunately, he also sustained a nerve injury that resulted in a permanent left foot drop. He will also likely need future hip replacement surgery because of posttraumatic arthritis.   

On the recommendation of a family member, Javier reached out to Craig Brown, a partner at Meyers & Flowers, to discuss his case. “Craig walked me through everything, and often that’s what kept me going,” Javier said. “He cares about his clients, and he would always call and check on me.”

Over the last two years, Craig worked on developing Javier’s case, meticulously outlining how the defendant’s negligence has irrevocably changed Javier’s life in order to attain full and just compensation for his client. His tireless work and ongoing negotiations with the defendant’s insurance company resulted in a $2.7 million settlement.

“For Javier, everything changed in an instant,” said Mr. Brown. “My goal was to give him the ability to rebuild every aspect of this life while allowing the time he needs to heal both physically and emotionally.”

The settlement will help cover his lifetime of medical needs and future surgeries. Javier is grateful his case is now settled, so he can focus on his ongoing physical therapy and hopes to go back to school in a few months to explore new career options.

If you or your family has been involved in a serious car crash, contact Meyers & Flowers. Our attorneys have the experience and skills needed to protect your rights and ensure that you are fully compensated both now and in the future. We can be reached online or at (630) 232-6333 to request a case evaluation.

Arthur, a 68-year-old man, was admitted to a Chicago Suburban Hospital in 2013 for prostate surgery. After his surgery, Arthur’s nurses and one of his surgeons negligently failed to diagnose an arterial blood clot in his left leg. Once his doctor suspected he was suffering from a blood clot, the hospital radiology department did not complete ultrasound testing in a timely manner. Emergency surgery was performed to restore proper blood flow, but his leg had to be amputated below the knee two weeks later.

Attorneys Peter Flowers and Craig Brown handled the case for the firm and were able to finalize the resolution with the hospital and the surgeon shortly before the trial was scheduled to begin.

Mr. Flowers and Mr. Brown are continuing to litigate negligence claims against another defendant physician who failed to order a consultation by a vascular surgeon and failed to make sure the ultrasound was done on an emergent basis. They expect this claim to proceed to trial later this fall.

Medical malpractice lawsuits are complex, time-consuming and costly to pursue. Find out how Meyers & Flowers can help you or your family by contacting us at [email protected], at (630) 232-6333, or find more information here.

On December 8, 2008, the firm's client, a 32 year old demolition laborer, suffered severe injuries to his neck and shoulder when an overhead pipe fell on his head during a demolition project at a Chicago area hospital. The firm filed suit against the General Contractor and the subcontractor in charge of the demolition project because these companies failed to make sure a site specific safety plan and demolition plan were in effect at the project. The defendants claimed the Plaintiff's employer caused the accident because the plaintiff's foreman told the plaintiff to cut a small pipe that was supporting the overhead pipes that fell on him.

Attorney Craig Brown took over 20 depositions and hired 4 expert witnesses. The case was set for trial in Chicago on October 21, 2013. The parties participated in a mediation with retired Judge James O'Connell on September 4, 2013. The defendants agreed to pay the plaintiff $1,060,000 and the workers compensation carrier who settled the workers compensation case agreed to waive $521,000 off its workers compensation lien of $578,000.

"We are very pleased to report our client is extremely happy with his settlement" said attorney Brown. "Although he will never be able to work as a demolition laborer again, his settlement will allow him to take care of his young family while he transitions into a new career. We have also helped him set up investment plans that will provide a steady stream of income for his family for the rest of his life."

A 57-year-old father of four was awarded a $1,000,000.00 settlement after sustaining serious injuries due to the negligence of a semi-trailer truck driver. 

 On February 12, 2020, Jose and his friend were driving eastbound on I-88 at approximately 3 am on their way back to Aurora after picking up scrap paper in Dekalb, when, without warning, a truck violently struck the back of their van.  Jose was severely injured, requiring him to be airlifted to the nearest hospital, where he was found to have suffered multiple rib fractures, injuries to his right arm, damage to his right eye, and a mild traumatic brain injury. 

During his extensive hospital stay, Jose was required to undergo wrist surgery and an operation to repair his orbital fractures in order to save his eye.  After returning home, Jose’s physical pain and emotional trauma have only worsened.   After completing months of physical therapy, Jose made significant improvements, but he still has lingering back pain that prevents him from performing any strenuous activities. 

Despite Jose’s life-changing injuries, the defense did not offer a settlement prior to trial attorneys Craig D. Brown and Thomas M. Connelly filing a lawsuit.   The defense disputed liability, alleging Jose was guilty of comparative fault because he was operating his van at an unreasonably slow speed while his taillights were inoperable.  Through compelling evidence found during discovery, Craig and Tom were able to demonstrate that the Defendant failed to keep a proper lookout and thus his negligence was the sole cause of the crash. 

“Even with undisputed evidence, insurance companies do everything in their power to uphold foolish claims to deflect liability. Our client’s permanent injuries were preventable had the professional driver upheld his most basic responsibility to keep his eyes on the road,” said Craig Brown. 

Our trial attorneys’ fierce advocacy convinced the defense to change their position and negotiate a settlement to award our clients the Defendant’s full $1 million policy limit, recovering $600,000 for Jose’s suffering and compensation for his wife of $400,000 for loss of consortium.  

The Meyers & Flowers team acted swiftly to resolve our client’s case in little over a year from filing, incurring minimal litigation costs to maximize Jose’s recovery, helping him receive additional therapy and start rebuilding his quality of life. 

At Meyers & Flowers, we understand the tremendous physical and financial toll a car accident can take on not only you, but your family.  Our team of experienced injury attorneys knows how to treat your case with the compassion and relentless advocacy it deserves – your case is not just another file to us.  If you or a family member has been involved in a  car crash  or  trucking accident , please contact Meyers & Flowers at [email protected] , (630) 232-6333, or online to request a free case evaluation. 

On March 17, 2018, James and Anna were driving south on Route 31 through the intersection of Route 64 on their way to their daughter’s track meet when a truck driver drove through a red light and crashed into the side of their car. Fortunately, James only suffered minor injuries. Sadly, Anna suffered a concussion, resulting in chronic headaches, which prevented her from working as a retail store manager for an extended period of time.

“This case was very challenging because Anna had a long history of seizures and chronic migraine headaches before this crash and her MRI after the crash did not show any traumatic injury so the defense initially disputed our claim because they were convinced the crash did not cause any permanent injuries. Instead, they claimed her chronic headaches after the crash were caused by her preexisting seizure disorder. After we obtained compelling deposition testimony from Anna’s neurologists, her chiropractor and from our traumatic brain injury expert, the defense changed their position and we were able to negotiate a very fair settlement that compensated Anna for her pain and suffering and also compensated James for his loss of consortium,” said representing attorney and partner Craig D. Brown.

Mr. Brown and the Meyers & Flowers team worked closely with the couple to ensure their personal injury case was approached with compassion and vigorous advocacy to provide Anna with some relief as she continues to live with her injuries.

“To go through this traumatic of an experience, you’re already dealing with all the physical ramifications of the accident and the accident itself which is overwhelming. Craig made the process so much easier not having to worry about the case, so I could focus on getting better. He instantly made me feel at ease which is what you need when you are in that situation,” said Anna.

“I had a hard case because it was an injury people couldn’t see, but he never underestimated my injuries. He really believed in me and I couldn’t ask for someone more positive and affirming. I don’t know if there would be any other attorney or firm that would go after an injury that no one could see but he assured me he was going to handle it all. I had complete trust in Craig and the process because I truly believed he was in it because he cared about my husband and I.”

If you or a family member has been involved in a car crash or trucking accident, please contact the Meyers & Flowers team of attorneys at [email protected], (630) 232-6333, or online to request a free case evaluation.

On April 14, 2018, Ed and Carol were driving home from dinner when they exited a parking lot onto Naper Blvd. in DuPage County.  Within seconds of exiting the parking lot, Ed and Carol were violently struck head-on by a teen driver who lost control of his large pick-up truck, crossed the centerline, and crashed into the front of Ed & Carol’s sedan.   

Following the crash, both Ed and Carol were rushed to the emergency room.  Ed was required to undergo a neck surgery and two shoulder surgeries.  Carol sustained eight rib fractures and a sternum fracture.

Despite Ed & Carol’s serious injuries, the defendant did not offer a settlement prior to the Meyers & Flowers team, led by trial attorneys Jonathan P. Mincieli and Thomas M. Connelly, filing a lawsuit.

In the early stages of litigation, Mr. Mincieli and Mr. Connelly aggressively pursued a settlement for Ed and Carol to earn rightful compensation and gain closure for this life-altering crash, and ultimately obtained favorable deposition testimony from the defendant, who admitted to driving too fast for conditions.     

The entire Meyers & Flowers team worked tirelessly to efficiently resolve Ed & Carol’s case within 11 months of filing the lawsuit and incurring minimal litigation costs, allowing Ed & Carol to maximize their recovery.

“A few days after our accident, Peter Flowers came to our home and assured us that his firm would fight for us.  While we will always have our injuries, we are very happy with the settlement that Meyers & Flowers was able to negotiate.  The team at Meyers & Flowers worked hard for us and showed us empathy.  We thank them for all that they did for us,” said Ed.

Our firm demands swift justice for those who have been injured by the negligence of others.  If you or a loved one has been a victim of negligence, please contact the Meyers & Flowers team of trial attorneys at [email protected], (630) 232-6333, or online to request a free case evaluation.

Meyers & Flowers trial attorneys Craig Brown and Brian Perkins recently obtained a substantial award for a Kane County physician seriously injured in an automobile collision.

In February 2011, Mr. Brown’s client, Doctor Smith, had just finished his shift at a local hospital and was driving his son to a sporting event. A 20-year-old driver crossed the center line and struck the doctor’s car head on.

Initially, the young defendant claimed she was not responsible for the crash because another unidentified driver forced her to cross the center line. Mr. Brown and Mr. Perkins retained an accident reconstruction expert who inspected the scene and the vehicles involved and concluded the defendant was solely responsible for the accident.

Doctor Smith suffered multiple fractures to his shoulder, which required surgical repair. The defendant’s lawyers tried to minimize the significance of the doctor’s damages by arguing that he made an excellent recovery from his surgery and had returned to work full time only 4 months after the crash.

Mr. Brown was able to obtain compelling testimony from his client’s surgeon who opined that he may need to remove some of the screws he implanted to repair the fractures, and Doctor Smith may need a shoulder replacement surgery within the next 15-20 years.

Fortunately, Mr. Brown and Mr. Perkins were able to meet with Dr. Smith shortly after the crash and were thus able to retain their accident reconstruction expert before any crucial evidence was destroyed.

The defendant’s insurance company agreed to pay $625,000 to settle Dr. Smith’s case shortly before trial was scheduled to begin.