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Walsh, Knippen & Cetina, Chartered
Wheaton Office  630-462-1980
Chicago Office  312-372-1980
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New Developments - Law Firm News

$2.485 Million Medical Malpractice Jury Verdict and Bad Faith Lawsuit Against Largest Medical Professional Liability Insurer in the State of Illinois

Our firm proudly announces that after a two week jury trial, Ed Walsh received a jury verdict of $2,485,000.00 in Cook County case 00L 10323. The verdict is $1,485,000.00 in excess of the policy limit of insurance available to indemnify the defendant physician.

The insurer for the defendant doctor, Illinois State Medical Inter-Insurance Exchange, is the largest professional medical liability insurance carrier in the state of Illinois. Following the verdict, ISMIE paid its full $1,000,000.00 liability policy limit.

In order to collect the full amount of the verdict and judgment, together with interest and punitive damages, the Firm has filed a Bad Faith lawsuit against ISMIE after receiving an assignment of the claim and cause of action from the defendant doctor and his personal attorney.

The defendant doctor was suffering from incurable cancer while the lawsuit was pending; he desired to settle the case. ISMIE refused to discuss settlement of the lawsuit unless the doctor was subjected to a discovery deposition.

The doctor never had the physical or emotional strength to subject himself to a deposition and died during the pendancy of the suit. After his death, ISMIE refused to discuss settlement or offer any money in order to settle the case. The Bad Faith lawsuit is currently pending and being prosecuted in the Circuit Court of Cook County .

Ed and the Firm were privileged to represent a wonderful 43 year old man who lost total hearing in his left ear and suffers from permanent imbalance as a result of negligently performed outpatient ear surgery.

Ed and the Firm were successful in accomplishing the outstanding result in the underlying medical malpractice lawsuit for several reasons. The firm has a staff of assistants, paralegals and a legal nurse consultant expert in the prosecution of medical negligence cases. Through detailed medical research, the Firm was able to retain an extremely highly qualified ENT surgeon from the most premier ear clinic in the United States to testify as an expert witness on behalf of their client.

All of the 104 trial exhibits were used and illustrated throughout the trial by way of a PowerPoint® computer graphics presentation. Similarly, Ed illustrated the significant trial exhibits and key jury instructions by way of a PowerPoint® presentation during his closing argument. Finally, all pretrial depositions and daily trial testimony were downloaded to the attorneys notebook computers and immediately searchable using Summation® litigation support software.

Supreme Court Appoints Ed Walsh Chairperson on its Committee on Character and Fitness to Practice Law

On January 12, 2004 , the Justices of the Illinois Supreme Court appointed trial attorney Ed Walsh to serve as Chairperson of its Committee on Character & Fitness, Second District. This Committee assures that those attorneys desiring to secure a license to practice law in Illinois meet and satisfy the necessary ethical, character and professional standards established by the Supreme Court.

In addition to this appointment, the Supreme Court has appointed Ed to serve on its newly formed Committee on Professionalism in the Practice of Law. This Supreme Court appointment is a further recognition by the Court of Eds high integrity, character and reputation as a practicing trial attorney for more than 30 years.

This same recognition of Eds integrity, character and expertise by trial judges and juries has resulted in outstanding judicial awards and jury verdicts in favor of Eds catastrophically injured clients.

$1.73 Million DuPage County Medical Malpractice Jury Verdict Upheld on Appeal

After a three week jury trial before the Honorable Hollis Webster, Chief Judge of the Law Division, Ed Walsh, Partner secured a jury verdict of $1,730,000.00 in a medical malpractice case, DuPage County Case No. 00 L 546.

The trial lawyers rejected, as totally unreasonable, defense settlement offers of $600,000 before trial and $750,000 at the conclusion of the case. The jury returned with a verdict of $1.73 Million. This verdict was $730,000 in excess of the doctor defendants policy of insurance.

Significantly, after the verdict Ed Walsh advised the insurance carrier for the defendant doctor that a Bad Faith would be immediately filed against the insurer due to its unreasonable refusal to settle the lawsuit within the policy limits of the physicians policy of insurance. The insurer then agreed to fully indemnify the defendant doctor and pay the entire judgment; however, it also elected to prosecute an appeal of the verdict.

The Illinois Appellate Court recently affirmed the entire $1,730,000.00 verdict. Ed & Partners were successful in creating new trial practice law in the areas of rehabilitation expert witnesses and jury instructions. The opinion may be read in its entirety.

The Firm was privileged to represent a 64 year old woman who suffered profound neurological injury due to the failure of her neurologist to diagnose her treatable vitamin B12 deficiency illness.

Ed & Partners were successful in accomplishing this outstanding result for several reasons. The trial attorneys and the Firms paralegals and legal assistants are all experts in the prosecution of medical negligence cases. Additionally, all 22 discovery depositions and select trial testimony were downloaded to the attorneys notebook computers, becoming immediately electronically searchable using Summation® litigation support software. This technological advantage greatly assisted the trial lawyers throughout all phases of the case, including the jury instruction conference with the Court.

All of the 394 trial exhibits were organized and digitally illustrated throughout the trial by way of a PowerPoint® computer graphics presentation. Similarly, Ed digitally illustrated the significant trial exhibits and key jury instructions during his closing argument. His use of digital computer graphics, along with his art of oral advocacy in closing argument, greatly assisted the jury in arriving at its significant monetary verdict.

$1.35 Million Medical Malpractice Jury Verdict and Settlement

Ed Walsh recently completed a four week medical malpractice trial in the Circuit Court of Kane County in case number 00LK 630 . The jury determined that the emergency room doctor was professionally negligent when he failed to order a CT scan which would have diagnosed a life threatening condition in a young woman .

The combined verdict and pre-trial settlement resulted in a total award of $1,350,000 for the husband of this 35 year old woman who died as the result of the doctor negligently failing to diagnose her aortic dissection . After she was discharged from the emergency room, she lived for three days before she died as a result of a full aortic rupture and cardiac tamponade .

The trial lawyers were able to demonstrate the negligence of the physician and how the aortic dissection could have been successfully surgically repaired through the testimony of nationally recognized experts in cardiology, emergency medicine, obstetrics and cardiothoracic surgery .

More than 200 trial exhibits, medical illustrations and jury instructions were digitally projected during the trial in order to educate the jury on the medical and legal issues involved in the case . By demonstrative simplification of the issues, the jury was able to understand and conclude that the emergency room doctors negligence caused the needless death of this young woman.

Tort Reform and Our Constitutional Rights

Ed Walsh Speaks to Community Service Organizations

Recently legislation at the federal and state levels has been discussed and considered . The proposed legislation would substantially take away our 7th Amendment Constitutional Rights to a full and fair trial by jury if we, or our family members and loved ones are injured as a result of medical malpractice.

The politicians who are advocating the erosion of our Constitutional rights to a full and fair jury trial profess that there is a medical malpractice insurance crisis . However, all of the unbiased factual studies and data throughout the country illustrate that there really is no such crisis.

In an effort to inform area citizens and potential jurors of the truth about medical malpractice cases and insurance, Ed Walsh has created a PowerPoint presentation on this important subject. The presentation is entitled Tort Reform and Your Constitutional Rights. You may review the presentation on this page . You may also request a free copy for your own use and education.

Recently the New York Times and Crains Chicago Business have published excellent articles consistent with the facts contained in Eds presentation . Ed has shared his experience and knowledge on this most important subject with Lions Clubs, Rotary Organizations, Kiwanis and League of Women Voters Organizations throughout communities in Du Page County, Illinois.

If we all strive to inform and educate our fellow citizens of the true facts and data on this critical subject, our Constitutional Rights will not be further diminished by politicians in Washington and Springfield . Instead, we will protect and preserve our most valued right to a full and fair trial by a jury of our fellow citizens.

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2150 Manchester Road, Suite 200
Wheaton, IL 60187 | 630-462-1980
221 N. LaSalle Street, Suite 1500
Chicago, IL 60601 | 312-372-1980
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