Chicago Medical Malpractice Lawyer

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.

$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. 

$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.”

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.

$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.

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.