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Practice Area: Legal Malpractice Defense

Brian Henry and Kayla Condeni win summary judgment for surgery center

Brian Henry and Kayla Condeni successfully argued that the defendant anesthesiologist could not be the surgery center’s apparent agent such that the surgery center was vicariously liable for the physician’s alleged medical malpractice. Brian and Kayla argued that the surgery center’s consent forms unequivocally put the patient on notice that the anesthesiologist was not the …

March 2024

Brian Henry and Kayla Condeni secure a defense verdict for orthopedic surgeon accused of negligently performing a total hip replacement

Brian Henry and Kayla Condeni successfully defended an orthopedic surgeon in a 1.5 week trial in Cook County. The orthopedic surgeon was accused of negligently overlengthening a patient’s leg when performing a total hip replacement. The plaintiff requested over $1 million in damages after claiming the patient could no longer work, was disfigured, and experiencing …

August 2023

Michael Barry assisted by Brian Rocca successfully defended two obstetricians in Cook County

Lead counsel Michael Barry assisted by Brian Rocca successfully defended two obstetricians in a 3.5 week jury trial in Cook County.  These obstetricians, along with a maternal fetal medicine physician and six labor and delivery nurses, were accused of causing the extreme, premature birth of twins at 24 weeks of pregnancy by ordering/administering an antibiotic …

November 2022

Robert Chemers and Matt Ligda obtained a dismissal with prejudice

Robert Chemers and Matt Ligda obtained a dismissal with prejudice, after motion, extensive briefing and hearing, of a Supreme Court Rule 224 pre-suit petition where it was shown that petitioner failed to state a viable cause of action and the discovery sought was not necessary.

October 2022

Tom Draths obtains dismissal with prejudice for client

In a recent tragic case, Tom Draths was able to persuade the Court that his client could not be responsible under the law for the death of a high school student.  Through Tom’s vigorous research and enthusiastic advocacy, Tom’s client was dismissed from the case because it was not legally obligated to design or rectify …

June 2022

Robert Chemers and David Larson obtain summary judgment for an insurer

Robert Chemers and David Larson obtained summary judgment for an insurer sued for bad faith for alleged unreasonable and vexatious delay to arbitrate the plaintiff insured’s UM claim. The carrier arbitrated, lost and paid the award, and then was sued for bad faith for the lengthy delay in going to arbitration. Circuit Court ruled that …

June 2022

Team victory in a challenge motion regarding 735 ILCS 5/2-1303

Robert Chemers led a team including Ed Ruff and John Scheid in a challenge to 735 ILCS 5/2-1303, the amendment to the Code adding pre-judgment interest effective July 1, 2021. The challenge motion was brought in a medical malpractice case pending in Cook County, and on May 27, 2022 the Circuit Court declared the statutory …

May 2022

Robert Chemers and Dave Larson obtain summary judgment for an insurer client

Robert Chemers and Dave Larson obtained summary judgment for an insurer client against its Insured, which Insured was defended by the carrier through personal counsel under reservation, no settlement occurred, and the Insured tried the underlying business tort case (conversion, detinue, and two tortious interference claims) and lost with an adverse judgment entered for $8.3M, …

May 2022

Alan Schumacher and Alexander Beehler obtain not guilty verdict on behalf of an interventional radiologist

Alan Schumacher and Alexander Beehler obtained a not guilty verdict on behalf of an interventional radiologist and his employer following a jury trial in Cook County. The case involved an allegedly negligent tunneled dialysis catheter exchange procedure for a 42-year-old woman who suffered a decompensation shortly after the procedure. The plaintiff claimed the post-procedure application …

May 2022

Sommer Luzynczyk and Kayla Condeni win dismissal with prejudice

Sommer Luzynczyk and Kayla Condeni win dismissal with prejudice based on lack of standing in a putative class action lawsuit against the estate of a deceased physician. The lawsuit brought in the Circuit Court of Cook County alleged a pattern of conduct extending back 29+ years and involved the alleged failure to administer routine childhood …

May 2022

Legal Malpractice Victory – Dismissal of Claim Against Attorney in Federal Court

Matthew J. Egan and Brendan J. Nelligan successfully defended their client, an attorney for union-sponsored benefit funds, in the United States District Court in Chicago against a claim that the attorney tortiously interfered with the plaintiff’s contract with another company when the attorney notified the other company of the funds’ claim that the plaintiff had …

April 2022

Robert Chemers and Dave Larson obtain judgment for insurer client in federal court

Robert Chemers and Dave Larson obtained a judgment for their insurer client in their federal court declaratory judgment action that the insurer had no duty to defend its insureds who were sued in Cook County in a 44 page multi-count complaint for defamation and other claims based on no bodily injury and no property damage, …

April 2022

Robert Chemers and Dave Larson win summary judgment for an insurer

Robert Chemers and Dave Larson won summary judgment for an insurer in the federal court in Rockford holding that a defendant in a serious underlying personal injury action is not an additional insured. The policy’s additional insured endorsement extended status as an additional insured where the named insured agreed in a written contract to name another …

March 2022

Not guilty verdict for orthopedic surgeon – John Smith and Michael Barry

John Smith and Michael Barry obtained a not guilty verdict for their orthopedic surgeon client following a 7 day jury trial in Cook County.  The case involved an alleged failed hip resurfacing procedure in a young woman, which required conversion to a total hip arthroplasty.  The plaintiff claimed that the resurfacing procedure was contraindicated based …

December 2021

Appellate Victory for Landowners in Eminent Domain Lawsuit

Jim Sipchen, John Scheid, and Scott Howie obtained an appellate victory for landowners whose 70-acre farm was the subject of eminent domain proceedings filed in DuPage County, Illinois.  The Illinois Appellate Court’s decision upheld a traverse and motion to dismiss a local municipality’s lawsuit that sought to condemn a private driveway that the landowners had …

October 2021

Professional Liability Defense Victory: Dismissal of Claims Against Insurance Broker After Insurer Denied COVID-19 Business Loss Claim

Matthew J. Egan and Quinn P. Donnelly were successful in the Circuit Court of Cook County in obtaining the dismissal with prejudice of a business owner’s claim that the firm’s client, an insurance broker, negligently failed to procure insurance coverage for the substantial losses the business sustained after it was forced to close in March 2020 in accordance …

October 2021

Summary Judgment Obtained on Behalf of Logistics Company in Premises Liability Suit

Matthew Tibble and Alex Beehler obtained summary judgment on behalf of a logistics company accused of negligence in a lawsuit where the plaintiff sought to recover for injuries allegedly sustained after falling. The logistics company faced two counts alleging negligence. One count alleged respondeat superior liability on the theory that employees of the logistics company created a defective …

October 2021

Legal Malpractice Victory: Dismissal of All Claims Against Attorney and Law Firm

Kayla A. Condeni and Matthew J. Egan were successful in the Circuit Court of Cook County in obtaining the dismissal with prejudice of all claims against an attorney and a law firm arising from their representation of the plaintiffs in a medical malpractice case that was settled shortly before trial commenced. The plaintiffs asserted claims …

October 2021

Road rage theory dismissed

Aubrey Sudomier and Tom Draths recently defeated a claim involving a road rage incident. Through their factual development and aggressive advocacy, Aubrey and Tom established that their opponent’s apparent agency theory did not have a legal basis to proceed beyond its earliest stages.  Aubrey and Tom’s client was dismissed from the case.  

July 2021

$70 Million Project Carries on with P&S Help

Pretzel & Stouffer teammates John Scheid, Tom Draths, and Rich Burgland recently defeated an effort to enjoin their client’s $70 million public works project. In response to their opponent’s request for temporary restraining orders and injunctive relief, John, Tom, and Rich acted quickly and efficiently to gather evidence to support their arguments that the project’s …

July 2021

Dismissal Secured on Behalf of Pulmonologist and Medical Group

Brian Henry and Alexander Beehler successfully defended a pulmonologist and medical group in a lawsuit filed by a plaintiff who alleged that a surgical procedure caused partial paralysis along with bowel and bladder dysfunction. After the medical negligence lawsuit proceeded through expert discovery, the plaintiff voluntarily dismissed the claims against the pulmonologist and medical group …

July 2021

Dismissal with Prejudice Obtained on Behalf of a Municipality

Quinn Donnelly and Patrick Healy obtained the immediate dismissal with prejudice of a Complaint against a municipality that sought to recover for injuries allegedly sustained when the plaintiff crashed his motorcycle on a municipal roadway. Quinn and Pat argued that the plaintiff’s claims against the municipality were time-barred under the one-year statute of limitations set …

July 2021

Pretzel Obtains Summary Judgment Twice From Separate Judges in the Same Case

Tom Draths, Jack Lonquist, and Aubrey Sudomier recently prevailed in a case in which the injured party claimed negligence resulting in multiple leg fractures and surgeries that allegedly left him permanently disabled.  Through their aggressive investigation, factual development, and motion practice, Tom, Jack, and Aubrey convinced two separate judges that plaintiff’s theories of liability were …

June 2021

COVID-19: Dismissal with Prejudice Obtained on Behalf of Insurance Broker

Richard M. Waris, Brendan J. Nelligan, and Quinn P. Donnelly obtained the dismissal with prejudice of a complaint filed against an insurance broker alleging that the broker was negligent in procuring coverage and negligently misrepresented the scope of the coverage procured, when the insured was denied coverage for economic losses they allegedly sustained as a …

June 2021

Total Victory Obtained on Behalf of Attorney and Law Firm

James Sipchen and Quinn Donnelly were successful in obtaining the dismissal with prejudice of a Complaint filed against an attorney and the attorney’s law firm alleging that they tortiously interfered with the distribution of assets pursuant to a Transfer on Death agreement. While the lawsuit was originally filed in the Circuit Court of Cook County, …

June 2021

ILLINOIS SUPREME COURT WIN IN CASE OF FIRST IMPRESSION

Pretzel & Stouffer partners Matthew Egan and Brendan Nelligan prevailed in the Illinois Supreme Court on behalf of the firm’s clients, an attorney and his employer, a union, in a legal malpractice case arising from the attorney’s representation of a police officer in a grievance arbitration proceeding at which the plaintiff, a union member, challenged …

March 2021

Federal Court Victory for Attorney

Pretzel & Stouffer partners Matthew J. Egan and Brendan Nelligan recently prevailed in federal court on behalf of the firm’s client, an attorney, who had been appointed by a state circuit court judge to serve as the child’s representative in a contentious domestic relations case to which the plaintiff was a party. The plaintiff, who was also the petitioner …

March 2021

ILLINOIS SUPREME COURT WIN IN CASE OF FIRST IMPRESSION

Pretzel & Stouffer partners Brendan Nelligan and Matthew J. Egan prevailed in the Illinois Supreme Court on behalf of the firm’s clients, an attorney and his employer, a union, in a legal malpractice case arising from their representation of a police officer in a grievance arbitration proceeding at which the plaintiff, a union member, challenged the termination …

November 2020

John Smith and Ryan Shupe Obtain Dismissal of Orthopedic Surgeon

John Smith and Ryan Shupe recently obtained dismissal of their orthopedic surgery client in a lawsuit alleging medical malpractice.  The plaintiff claimed that postoperative ordering and administration of pain medications caused cardiac arrest, hypoxic brain damage, and death.  John and Ryan litigated the case for several years, through extensive discovery, discovery disputes, and an appeal.  …

May 2020

Victory for Attorney Facing Motion For Sanctions

  James J. Sipchen and Kayla A. Condeni successfully defended an attorney subject to a Rule 137 Motion for Sanctions that sought three years’ of attorneys’ fees incurred in defending a defamation lawsuit totaling hundreds of thousands of dollars. After prevailing on a motion dismiss the defamation claim on the grounds of the absolute privilege, …

April 2020

Motion to Dismiss Granted in Legal Malpractice Action

Matthew Egan, recently secured dismissal with prejudice of an attorney who represented a group of investors in a large commercial real estate development. The plaintiffs alleged that the attorney was negligent in structuring several corporate and real estate transactions, causing the investors to be exposed to personal tax liability for millions of dollars in TIF …

July 2019

Tim Weaver Wins Malpractice Trial

Timothy Weaver recently obtained a defense jury verdict in a medical malpractice case in which a dentist claimed that defendant orthopedic surgeon negligently delayed spine surgery by one day for an acute, repeat low back disc herniation in order to suit his surgical schedule, thereby causing permanent foot paralysis (drop foot), gait abnormalities, and related …

July 2019

John Smith and Ryan Shupe Secure Victory for General Surgery Client

 John Smith  and Ryan Shupe recently secured a victory for their general surgery client in a case alleging medical malpractice. The plaintiff claimed that a surgical procedure and postoperative care caused the patient’s death. John and Ryan undertook discovery efforts for several years of litigation. These efforts included obtaining concessions from treating physicians and experts, …

July 2019

Pretzel & Stouffer Attorneys Obtain Dismissal for General Surgeon

Pretzel & Stouffer attorneys, John Smith and Ryan Shupe, recently secured a victory for their general surgery client in a case alleging medical malpractice. The plaintiff claimed that a surgical procedure and postoperative care caused the patient’s death. John and Ryan undertook discovery efforts for several years of litigation. These efforts included obtaining concessions from …

June 2019 | Firm News

Defense Verdict in Legal Malpractice Trial

Jim Sipchen prevailed at trial on a legal malpractice claim that alleged his client was negligent in handling a commercial real estate closing for a below-grade commercial unit located in a high rise residential condominium building in Chicago’s Gold Coast neighborhood. The plaintiffs alleged that the attorney committed malpractice by not investigating the property’s zoning prior …

May 2018 | Firm News

Successful Defense of Three Physicians

Brian T. Henry has recently successfully defended three physicians in cases alleging professional negligence. In each case, the jury returned a verdict for the defendant doctor. Mr. Henry represented an Internist in a case where the plaintiff alleged a failure to refer the patient to a vascular surgeon for treatment of a pseudoaneurysm after a CT …

September 2014 | Firm News