Mark Smith

PARTNER

The following is a representative list of Mr. Smith's verdicts:

Lead Counsel for hospital and two nurses. Tried February 2024 in the Circuit Court of DuPage County. Plaintiff alleged failure to accurately interpret fetal heart monitor strips showing signs of fetal distress which resulted in passage of and aspiration of meconium deep into the lungs such that it prevented resuscitation at delivery and caused fetal demise. Verdict: For the Defense.

Lead Counsel for hospital, two hospitalists and an ER doctor. Tried November and December 2023 in the Circuit Court of Cook County. Plaintiff alleged failure to diagnose aortic dissection, which lead to death approximately sixteen hours after admission through the emergency room. Verdict: For the Defense (Hospitalists) and for the Plaintiff against the ER doctor for $3.75 million.

Lead Counsel for an obstetrician. Tried in October and November of 2023 in the Circuit Court of Cook County. Plaintiff alleged failure to diagnose and treat sepsis three days following C-section delivery of full-term infant. Resulted in death of 19-year-old mother. Verdict: For the Defense.

Lead Counsel for a tertiary care center, two maternal fetal medicine specialists, one obstetrical resident and two nurses. Tried in August and September of 2023 in the Circuit Court of Cook County. Plaintiff alleged a failure to diagnose and properly treat pre-eclampsia leading to HELLP Syndrome, maternal seizure and emergent Cesarean Section resulting in cognitive deficits in both mom and baby. Verdict: For the Defense.

Lead Counsel for a tertiary care center, one hospitalist, two cardiologists, and two nurses. Tried in January 2023, in the Circuit Court of Cook County. Plaintiff alleged failure to appropriately resuscitate and intubate a patient following failed cardioversion, resulting in death from cardiac and respiratory failure. Verdict: For the Defense.

Lead Counsel for a large hospital and its labor and delivery nurses. Tried October and November of 2022, in the Circuit Court of Cook County. Plaintiff alleged negligent administration of ampicillin to a pregnant woman who reported an allergy to ampicillin, resulting in an allergic reaction, which lead to premature labor and delivery of twins, one of whom died thirty days later and the other who survived with alleged profound deficits. Verdict: For the Defense.

Lead Counsel for an occupational health physician. Tried in September and October 2022, in the Circuit Court of Cook County. Plaintiff alleged a failure to diagnose deep venous thrombosis and or refer a patient to the ER for evaluation of that potential diagnosis. Patient, a 35-year-old male, died three days later because of pulmonary emboli. Verdict: Settlement was reached just before closing argument.

Lead Counsel for a hospitalist and his group. Tried in September 2022, in the Circuit Court of DuPage County. Plaintiff alleged failure to address hypokalemia, hypocalcemia and hypomagnesemia, resulting in the death of a 36-year-old mother of three minor children from cardiac arrhythmia. Verdict: Mistrial Declared after jury was unable to reach a verdict.

Lead Counsel for a Hospitalist and his group. Tried in March and April 2022, in the Circuit Court of Cook County. Plaintiff alleged the Hospitalist was negligent when he failed to timely start the patient on pharmacologic deep venous thrombosis (DVT) prophylaxis and failed to order continuation of pharmacologic prophylaxis when she was transferred to subacute rehabilitation. She subsequently developed DVT and received treatment with tPA which was complicated by bleeding in the brain and devastating cognitive deficits. Verdict: For the Defense.

Lead Counsel for a Radiologist. Tried in August 2022, in the Circuit Court of Will County. Plaintiff alleged the defendant radiologist failed to timely recommend open biopsy of breast tissue after unsuccessful stereotactic biopsy, leading to delayed diagnosis, brain metastasis and death, leaving two surviving minor children. Verdict: For the Defense.

Lead Counsel for a Pain Medicine specialist. Tried in February and March of 2020, in the Circuit Court of Cook County. Plaintiff alleged the defendant physician was negligent when she performed a cervical epidural steroid injection while the patient was taking Plavix, resulting in a cervical epidural hematoma, permanent paraplegia and death. Verdict: For the Plaintiff for $734,000.00.

Lead Counsel for a Family Practitioner. Tried in October 2019, in the Circuit Court of Cook County. Plaintiff, a child, who suffered severe hypoxic brain injury and permanent devastating disability, claimed the physician negligently delayed delivery in the setting of preeclampsia. Verdict: For the Plaintiff for $101 million (On behalf of our client, we offered her entire policy limits before and during trial. Plaintiff accepted the offer after reaching a high/low agreement with the hospital defendant).

Lead Counsel for a Cardiologist. Tried in September 2019 in the Circuit Court of Cook County. Plaintiff claimed the cardiologist failed to timely and properly manage a bleeding complication from a femoral artery injury following removal of a triple lumen catheter, which plaintiff alleged had been negligently inserted in the artery rather than the vein several days earlier. The patient was transferred to another hospital for intensive care and numerous surgical procedures to address a cascade of complications ultimately leading to her death approximately one month later. Verdict: For the Defense.

Lead Counsel for an Obstetrician/Gynecologist/Pelvic Floor Surgeon. Tried in July 2019 in the Circuit Court of Cook County. Plaintiff, a 40-year-old woman, claimed the defendant surgeon improperly diagnosed a non-existent pelvic organ prolapse and performed unnecessary surgery using vaginal mesh, which later became exposed from the vaginal wall in multiple places requiring numerous excision surgeries and claimed permanent disability. Verdict: For the Defense.

Lead Counsel for an Obstetrician/Gynecologist. Tried in May 2019 in the Circuit Court of Cook County. In this medical malpractice matter, the Plaintiffs claimed the defendant OB/GYNE was negligent when she allegedly applied excessive traction to deliver a posterior shoulder to resolve dystocia, resulting in avulsion of the brachial plexus nerves with severe and permanent disability. Verdict: For the Defense.

Lead Counsel for a neurologist. Tried in March 2019 in the Circuit Court of Cook County. The Estate of a 23-year-old woman claimed all defendants failed to consult with a gastroenterologist to evaluate GI symptoms and history during admission for mental status changes and other neurological signs and symptoms, leading to her death from a perforation of her duodenum. Verdict: For the Defense.

Lead Counsel for a psychiatrist. Tried in January 2019 in the Circuit Court of Cook County. The Estate of a 47-year-old mother of two claimed the psychiatrist and hospital staff failed to initiate appropriate suicide precautions, resulting in the patient’s death by hanging in her hospital room. Verdict: For the Plaintiff for $1.8 million (After Co-Defendant Hospital settled for an amount far more than the verdict resulting in complete set-off and satisfaction of the judgment).

Lead Counsel for an obstetrician, a certified nurse midwife and their group. Tried in June 2018 in the Circuit Court of Kankakee County. In this medical malpractice action, the plaintiff alleged failure to timely intervene with Cesarean section during the second stage of labor, resulting in death of a newborn due to hypoxic ischemic encephalopathy. Verdict: For the Defense.

Lead Counsel for a hospitalist and her group. Tried April 2018 in the Circuit Court of Kane County. The plaintiff was a 65-year old former Marine, who required prostatectomy. After the procedure he suffered an occlusion of his popliteal artery in his right leg. He alleged failure to timely diagnose and treat the occlusion resulting in ischemia and amputation. Two co-defendants settled before trial for a combined $2.1 million. Verdict: For the Plaintiff for $6.2 million (Settled for $2.5 million during post trial proceedings).

Lead Counsel for a hospitalist and his group. Tried January 2018 in the Circuit Court of Cook County. The plaintiff was a paralyzed 57-year-old woman who alleged the defendants failed to timely diagnose and treat her spinal cord hemorrhage or cavernoma. The Plaintiff asked the jury to award more than $50 million. Verdict: For the Plaintiff v. Selected Defendants for $3,300,000.00.

Lead Counsel for a hospitalist and his group. Tried November-December 2017 in the Circuit Court of Cook County. The decedent’s estate claimed all defendants failed to consult a cardiologist to evaluate this 61-year-old patient’s idiopathic left ventricular tachycardia while hospitalized for diagnosis and treatment of Still’s Disease. One day after discharge, the patient was found unresponsive, was resuscitated, and suffered ischemic encephalopathy and severe disabilities until his death. Verdict: For the Defense.

Lead Counsel for an orthopedic surgeon. Tried October 2017 in the Circuit Court of Cook County. Plaintiff claimed negligent performance of knee arthroplasty and failure to timely diagnose post operative infection leading to the need for several revision procedures and permanent pain, suffering and disability. Verdict: For the Defense.

Lead Counsel for an interventional cardiologist. Tried December 2016 in the Circuit Court of Cook County. This was a medical malpractice claim in which plaintiff alleged an inappropriately “high stick” in the common femoral artery and delayed diagnosis of retroperitoneal hemorrhage, leading to ischemic encephalopathy and permanent disabilities in 74-year-old patient. Verdict: For the Plaintiff $4,590,175.67.

Lead Counsel for a pediatrician and his employer. Tried June 2016 in the Circuit Court of Cook County. In this medical malpractice claim, plaintiff alleged the defendant was negligent in failing to timely provide appropriate and necessary resuscitative measures for newborn delivered with no signs of life after normal labor and delivery. The baby did not survive due to what plaintiff alleged was hypovolemia caused by nuchal cord per the autopsy. Verdict: For the Defense.

Lead Counsel for a cardiologist and his employer. Tried September 2015 in the Circuit Court of Cook County. This was a medical malpractice case alleging negligent failure to timely refer a patient with cardiomyopathy to an electrophysiologist for placement of an internal cardioverter device (ICD). The patient, a 63-year-old wife and mother of three, died suddenly, likely as the result of a fatal arrhythmia. Verdict: For the Defense.

Lead Counsel for an emergency physician and his employer. Tried June 2015 in the Circuit Court of Cook County. This was a medical malpractice case alleging failure to administer tPA for a 57 year old mother of four, who suffered ischemic stroke, resulting in permanent disability and the need for 24-hour care. Verdict: For the Defense.

Lead Counsel for internist. Tried April 2015 in the Circuit Court of Cook County. This was a medical malpractice case alleging negligent failure to monitor kidney function in a patient receiving anti-hypertensive medications and prescription strength ibuprofen. The patient suffered kidney failure and required transplant. He claimed permanent disability. Verdict: for the Plaintiff in the amount of $1,600,000.

Lead Counsel for general surgeon. Tried March 2015 in the Circuit Court of Cook County. This was a medical malpractice case alleging negligent performance of cholecystectomy resulting in injury to the common bile duct, necessitating placement of biliary stents, which lead to the development of a peri-ampullary ulcer, bleeding and death several weeks after. The patient was survived by his six grown children. Verdict: in favor of the Plaintiffs in the amount of $900,000 for which payment of $100,000 was required due to the benefit of a set-off from co-defendants’ settlements.

Lead Counsel for cardiothoracic surgeons and their practice. Tried January 29, 2015 – February 11, 2015, in the Circuit Court of Cook County. This was a medical malpractice case alleging two cardiothoracic surgeons failed to timely diagnose and treat aortic dissection, which occurred as a complication of the patient’s quadruple coronary artery bypass grafting procedure. The decedent suffered the devastating effects of a dissection-related embolus in his superior mesenteric artery and died. The plaintiff asked the jury to award $3,497,000.00. Verdict: For the Defense. (One of the surgeons was voluntarily dismissed three days after the start of the trial.)

Lead Counsel for internist. Tried August 25, 2014 – September 3, 2014, in the Circuit Court of Cook County. This was a medical malpractice case alleging negligence by an internist who unintentionally provided a toxic substance (selenium) to the patient, a pregnant mother, rather than the dietary supplement he intended to provide. The young woman endured acute illness and hospitalization and thirty-two weeks later gave birth to a son, whom plaintiff claimed suffered neurologic injury as a result of selenium poisoning. Plaintiffs asserted claims for pain and suffering, lost wages, loss of society, post-traumatic stress disorder and permanent injuries to the child. They asked the jury to award $5,164,496.00. The defense offered $750,000.00 pre-trial and admitted liability, suggesting to the jury the appropriate award should be $250,000. Verdict: for the Plaintiff, in the amount of $415,000.00.

Lead Counsel for orthopedic surgeon and his practice group. Tried November 15, 2013 – November 21, 2013, in the Circuit Court of Cook County. This was a medical malpractice case alleging the defendant, orthopedic surgeon, performed subacromial decompression, which was contraindicated, and removed an excessive amount of bone, resulting in permanent disability. Verdict: For the Defense.

Lead Counsel for internist. Tried November 1, 2013 – November 13, 2013, in the Circuit Court of Cook County. This was a medical malpractice case alleging the internist was negligent for failing to return pages and timely respond to GI bleeding in the 51-year-old patient nine days after admission for treatment of ischemic stroke. Plaintiff alleged as a result, the stroke expanded and caused death. He was survived by his wife and two minor children. Verdict: For the Defense.

Lead Counsel for cardiologist and practice group. Tried January 7, 2013 – January 16, 2013, in the Circuit Court of Will County. This was a medical malpractice case alleging defendant cardiologist negligently cleared for bilateral knee replacement, an obese diabetic patient with a history of chronic congestive heart failure and coronary artery disease requiring CABG. Following surgery, the patient developed an ileus and later a duodenal perforation, which required multiple surgeries and ultimately lead to his death. Verdict: For the Defense.

Lead Counsel for dermatopathologist and laboratory. Tried September 17, 2012 – September 25, 2012, in the Circuit Court of Cook County. This was a medical malpractice case, alleging negligence for the misdiagnosis of a skin lesion as keratoacanthoma, later proven to be blastomycosis, which lead to destruction of multiple vertebrae and spinal fusion and resulting disability. Verdict: for the Plaintiff, in the amount of $3,249,821.82.

Lead Counsel for obstetrician/gynecologist. Tried March 6, 2012, in the Circuit Court of Cook County. This was a medical malpractice claim in which plaintiff alleged the obstetrician failed to timely diagnose placental abruption and perform emergency C-section. The plaintiff’s child was stillborn after vaginal delivery. Plaintiff asked the jury to award in excess of $5,000,000. Verdict: for the Plaintiff, in the amount of $350,000 (no payment of indemnity required due to $850,000 set-off from prior settlement with the hospital).

Lead Counsel for pediatrician. Tried May 2011, in the Circuit Court of Cook County. In this medical malpractice claim, plaintiff alleged the defendant physician negligently failed to recognize signs and symptoms of testicular torsion, which should have prompted urological consultation for emergency surgery. The plaintiff lost his testicle as a result of his testicular torsion. Plaintiff asked the jury to award $1,255,000. Verdict: For the Defense.

Lead Counsel for cardiologist. Tried October 2010, in the Circuit Court of Cook County. This was a medical malpractice claim alleging failure to obtain informed consent for and negligent performance of angioplasty on a 48-year-old male Chicago firefighter and father of two children, who suffered from dissection of his right coronary artery during the procedure and two subsequent myocardial infarctions leading to the need for heart transplantation five years later and permanent disability. The plaintiff asked the jury to award $10,000,000 to $16,000,000. Verdict: For the Defense.

Lead Counsel for internist. Tried August 2010, in the Circuit Court of Lake County. This was a medical malpractice claim alleging failure to properly treat cardiac abnormalities in a monitored setting. The patient was a 48-year-old married male and father of two, who died suddenly on the general medical floor of the hospital approximately 6 hours after arrival in the ER. Verdict: For the Defense.

Lead Counsel for gastroenterologist and his practice. Tried June 2010, the Circuit Court of Cook County: Medical Malpractice case, alleging failure to properly diagnose colon cancer during a colonoscopy leading to a much more extensive surgery to resect the cancer and his entire colon when diagnosed. The more extensive surgery caused the 50-year-old male plaintiff to be permanently disabled. Verdict: For the Defense.

Lead Counsel for Surgery Center. Tried May 2010, in the Circuit Court of Cook County: Medical Malpractice case alleging negligent discharge of a 34-year-old female patient after laparoscopic excision of fibroid tumors. The patient was diagnosed four days later with small bowel perforation and sepsis, which lead to central nervous system damage and quadriplegia. Verdict: For Plaintiff ($5.2 million).

Lead Counsel for urologic surgeon. Tried November 16, 2009-November 20, 2009, Circuit Court of DuPage County: Medical Malpractice case alleging negligent performance of laparoscopic lysis of pelvic and abdominal adhesions resulting in an injury to the external iliac artery and permanent disability. Verdict: For the Defense.

Lead Counsel for emergency physician. Tried September 9-September 17, 2009, Circuit Court of Cook County: Medical Malpractice case alleging failure to timely diagnose pneumonia in 21-year-old woman with Downs Syndrome, who passed out and presented in the ER with hypoxia three days after tonsillectomy and uvuloplasty to correct chronic sleep apnea. She returned to the ER two days later, at which time the diagnosis of pneumonia was made and she was admitted, but later died from alleged complications of her pneumonia. Verdict: For the Defense.

Lead Counsel for internist. Tried May 8-May 15, 2009, Circuit Court of Cook County: Medical Malpractice case alleging failure to monitor cardiac abnormalities and order STAT cardiology consultation for 55-year-old male chronic alcoholic admitted to a detoxification unit, resulting in sudden death twenty four hours after admission. Verdict: For Plaintiff ($300,000).

Lead Counsel for physical medicine and rehabilitation physician. Tried October 23-November 15, 2008, Circuit Court of Cook County: Medical Malpractice case alleging failure to diagnose cervical spine instability which let to complete subluxation, quadriplegia and death of 66-year-old male. Verdict: For the Defense.

Lead Counsel for general surgeon. Tried June 16-June 19, 2008, Circuit Court of DuPage County: Medical Malpractice case alleging negligent administration of sclerotherapy solution resulting in large ulceration and permanent scarring. Verdict: For the Defense.

Lead Counsel for emergency physician and his employer. Tried September 28-October 10, 2007, Circuit Court of Cook County: Medical Malpractice case alleging failure to timely admit and diagnose subdural hematoma in male patient who had fallen and hit his head while on chronic Coumadin. Defendant physician discharged him after 1.5 hours in the ER following a negative head CT scan and admitted to several deviations from the standard of care. The patient died hours later from complications of subdural hematoma. High/Low agreement of $500,000/$4,000,000 was in place before the jury returned a verdict. Verdict: For Plaintiff ($2,000,000), which was the amount offered to settle pre-trial.

Lead Counsel for gastroenterologist. Tried June 11, 2007-June 29, 2007, Circuit Court of Cook County: Medical Malpractice case alleging failure to diagnose perforation of a duodenal ulcer in a timely manner resulting in sepsis-related complications of hypoxia and stroke resulting in disabling brain injury. The Hospital defendant paid $5.25 million dollar settlement post-trial pursuant to a "high/low" agreement. Verdict: For the Defense.

Lead Counsel for internist. Tried April 9, 2007-April 17, 2007, Circuit Court of Cook County: Medical Malpractice case alleging failure to diagnose pelvic tumor/squamous cell carcinoma resulting in death of thirty-four year old mother of two minor children. Verdict: For the Defense.

Lead Counsel for orthopedic surgeon in retrial of the case immediately preceding. Tried February 22, 2007 - March 7, 2007, Circuit Court of Cook County. Verdict: For the Defense.

Lead Counsel for orthopedic surgeon. Tried January 8, 2007 - January 19, 2007, Circuit Court of Cook County: Medical Malpractice case alleging failure to properly diagnose fracture of distal radius, resulting in permanent disability, pain and suffering and lost income (self-employed roofer/owner of commercial roofing corporation). Verdict: Deadlock jury - mistrial, after plaintiff asked jury to award $2,155,110.73 and after co-defendant agreed to pay $75,000 settlement.

Lead Counsel for employer of principal defendant physician (internist). Tried August 2006, Circuit Court of Cook County: Medical Malpractice case involving alleged failure to diagnose myocardial infarction resulting in death of 60-year-old father of two grown children. Verdict: For Plaintiff ($2.5 million).

Lead Counsel for anesthesiologist. Tried November 30, 2005 - December 9, 2005, Circuit Court of Cook County: Medical Malpractice case alleging negligent intubation in connection with provision of general anesthesia for elective hip arthroplasty, resulting in tracheal perforation, mediastinitis and partial unilateral thoracotomy in 62-year-old woman. Verdict: For Plaintiff ($900,000).

Lead Counsel for pediatrician. Tried November 9, 2005 - November 16, 2005, Circuit Court of Cook County: Medical Malpractice case alleging negligent prescription of viscous lidocaine with inadequate instructions for treatment of cold sores of 2-year-old girl who suffered from fatal overdose of the medication, when administered as an ingested oral medication. Verdict: For Plaintiff ($75,000, which was reduced to $0 by virtue of $90,000 set-off from co-defendant, pharmacy’s pre-trial settlement; decedent's mother also found to be 50% at fault).

Lead Counsel for cardiologist. Tried September 19, 2005 - September 28, 2005, Circuit Court of Cook County: Medical Malpractice case alleging failure by cardiologist and co-defendant emergency physician to diagnose and treat fatal myocardial infarction in 75-year-old man. Verdict: For the Defense.

Lead Counsel for internist and his practice group. Tried April 26, 2005 - May 3, 2005, Circuit Court of Cook County: Medical Malpractice case alleging failure to diagnose and treat pneumonia which lead to endocarditis and death of 49-year-old mother and grandmother. Verdict: For the Defense.

Lead Counsel for cardiologist. Tried July 26, 2004 - August 2, 2004, Circuit Court of Cook County: Medical Malpractice case alleging failure to obtain informed consent for and negligent performance of transesophageal echocardiogram resulting in esophageal perforation in 92-year-old woman. Verdict: For the Defense.

Lead Counsel for an allergist, two pulmonologists and their practice group. Arbitrated March 15, 2004 - March 19, 2004 and June 10, 2004 - June 13, 2004 before American Health Lawyers Association Panel of Arbitrators: Breach of Contract and Fraud Action alleging physicians and their group provided numerous diagnostic and therapeutic services which were not medically necessary and systematically upcoded E&M levels for office visits for 2,256 patients over a five year period. Arbitrators' Award: For the Defense With Award of Attorneys' Fees in Favor of the Physicians and their group.

Lead Counsel for emergency physician. Tried March 19, 2002 - March 25, 2002, Circuit Court of Cook County: Medical Malpractice case alleging failure to diagnose compartment syndrome and obtain appropriate surgical consultations resulting in below-the-knee amputation for 32-year-old male patient. Verdict: For the Defense.

Co‑Counsel for three internists and their group. Tried September 28, 1999 ‑ October 15, 1999, Circuit Court of Cook County: Medical Malpractice case involving allegations of failure to diagnose and treat metastatic bladder cancer resulting in cystectomy and neobladder construction complicated by multiple infections rendering the patient unable to undergo chemotherapy and radiation. Verdict: For the Defense.

Lead Counsel for internist in retrial of case tried in July, 1998. Retried October 2, 1998 ‑ October 13, 1998, Circuit Court of Cook County: retrial of two defendants due to deadlocked jury in the first trial. Verdict: For Plaintiff ($1.2 Million).

Lead Counsel for two internists and their group. Tried July 17, 1998 ‑ August 31, 1998, Circuit Court of Cook County: Medical Malpractice case involving allegations of failure to diagnose temporal arteritis resulting in total blindness. Verdict: Not Guilty for one defendant and Deadlock for the other.

Lead Counsel for internist. Tried April 17, 1998 ‑ April 27, 1998, Circuit Court of Kane County: Medical Malpractice case involving allegations of failure to diagnose and treat infection of right knee resulting in below‑the‑knee amputation. Verdict: For the Defendant.

Co‑Counsel for the Estate of a general surgeon. Tried March 9, 1998 ‑ March 16, 1998, Circuit Court of Cook County: Medical Malpractice case involving allegations of failure to properly hydrate infant undergoing pyloromyotomy, resulting in brain damage. Verdict: For the Defendant.

Lead Counsel for Family Practitioner. Tried February 7, 1997 ‑ February 20, 1997, Circuit Court of Cook County: Medical Malpractice case involving allegations of failure to diagnose and treat fetal distress resulting in the stillbirth of an infant. Verdict: For the Defendant.