More than 375 trial attorneys and Illinois judges were in attendance on the evening of October 16th as the Jury Verdict Reporter, a division of Chicago-based Law Bulletin Media, hosted its annual reception and awards for Trial Lawyer Excellence at RPM Events. Thirty-five professionals from both sides of the trial bar received individual Trial Lawyer Excellence awards in one of seventeen 2024 categories. Additionally, William J. Rogers and Bruce R. Pfaff were recognized with Lifetime Achievement awards for their body of trial work, leadership, mentoring and contributions to the legal community.
2024
AWARDS
Chicago | Lisle | Libertyville | St. Louis | Madison County | Indiana | Kansas
LIFETIME ACHIEVEMENT AWARD RECOGNIZED BY THE JURY VERDICT REPORTER WILLIAM J. ROGERS
Swanson, Martin & Bell, LLP congratulates our partner William J. Rogers for receiving The Lifetime Achievement Award from The Jury Verdict Reporter. This award honors his impressive trial work, leadership skills, and significant contributions to the legal community.
INTRODUCTION
Over the past 30 years, the Jury Verdict Reporter has evolved from a weekly one-page printed newsletter to a research tool with over 55,000 Illinois cases in Lawyerport and a digital eNewsletter that features verdicts and settlements from across the state and beyond. Leading this tremendous growth has been our experienced JVR editorial team. Their knowledge of verdicts and settlements as well as the respect they have earned with members of the trial bar have allowed them to evolve the JVR into an essential research tool that JVR founder Max Sonderby would never have imagined. Max would have appreciated and been proud of their efforts to significantly expand the information provided in JVR case reports. Illinois attorneys and judges use Jury Verdict Reporter information to find comparable verdicts and settlements, identify and research expert witnesses, and to develop overall trial strategy. JVR reports have become a must-have case evaluation resource for civil litigators. As we grow and improve, our JVR writers continue Law Bulletin’s standard of fair and accurate reporting. On October 16, 2024, the Jury Verdict Reporter and Law Bulletin Media hosted their annual JVR Trial Lawyer Excellence Awards ceremony and reception in the RPM Events space in Chicago. The event, which was attended by over 375 trial lawyers and judges, recognized significant achievements by lawyers for both the plaintiff and defense. A highlight of the evening was the presentation of Lifetime Achievement awards to attorneys William J. Rogers and Bruce R. Pfaff. This magazine commemorates the ceremony and includes photographs of the lawyers who were honored for their trial work, as well as other notable guests. On behalf of the Law Bulletin Media and the staff of the Jury Verdict Reporter, we extend our thanks to the plaintiff and defense attorneys for their contributions and cooperation throughout our investigative process. We acknowledge that, without your participation, the Jury Verdict Reporter would not be the valuable resource it has become.
Peter V. Mierzwa President & Publisher
4 JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
12 Highest Reported Williamson County Verdict or Settlement TABLE OF CONTENTS
JURY VERDICT REPORTER
Peter V. Mierzwa President
18 Outstanding Defense Verdict in a Premises Case
Amanda Monto Marketing Manager
20 Highest Reported DeKalb County Verdict or Settlement in a Wrongful Death Case
Julie Leuck Design Manager
26 Outstanding Defense Verdict in a Medical Malpractice Case 32 Highest Reported LaSalle County Verdict or Settlement 38 Outstanding Defense Verdict in a Work Injury Case 42 Highest Reported Verdict or Settlement since the 2023 TLE Awards
Susan Englund Production Designer
Adam Hrejsa Account Executive
John Leonard Senior Account Executive
Christine Davis JVR Associate Editor
46 Defense Attorney
Beth Ann Zaretsky JVR Senior Legal Writer
Achievement Awards
50 Plaintiff Attorney
Erica Boorstein JVR Legal Writer
Achievement Awards
52 Highest Illinois Verdict or Settlement in a Premises Case
Copyright ©2025 by Law Bulletin Media. No part of this publication may be reproduced or transmitted in any form by any means, electronic or mechanical including photocopying, recording or by any information storage and retrieval system. Reproductions available from the publisher.
56 Outstanding Defense Verdict in a Street Hazard Case
59 Lifetime Achievement Defense Attorney Bruce R. Pfaff 69 Lifetime Achievement Plaintiff Attorney William J. Rogers 76 Highest Reported Illinois Verdict or Settlement for Auto Rear End
Law Bulletin Media 415 N. State Street Chicago, IL 60654 312.644.7800 www.LawBulletinMedia.com
80 Outstanding Defense Verdict in a Medical Malpractice Case 84 Highest Reported Coles County Verdict or Settlement 88 Outstanding Defense Verdict in a Medical Malpractice Case
Event Photography by Lisa Miller
92 Outstanding Achievement - Top Firm in the 2024 JVR Annual Settlement Report
JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 5
Congratulations to our Partner Sherri M. Arrigo for receiving the 2024 Defense Attorney Achievement Award
THE GO-TO RESOURCE FOR SUCCESSFUL TRIAL LAWYERS
The Jury Verdict Reporter is the second-oldest business of its kind in the United States. Trial lawyers have come to rely on its detailed and objective reports to accurately evaluate their cases. It was founded in 1959 by newspaper reporter Max Sonderby to collect and publish summaries detailing civil jury verdicts and negotiated settlements. Law Bulletin purchased the business in 1991, and soon began computerizing the information. We now have a fully-searchable database with over 55,000 cases available in our digital platform Lawyerport. These cases are linked to additional information on the lawyers, judges and experts involved in these cases to provide unique insights for trial lawyers, judges and mediators. The Jury Verdict Reporter summarizes cases tried or settled, highlighting the factual situation that gave rise to the litigation. We provide details about the trial lawyers, judge, venue, case name and number, award amount, specific injuries, insurer that paid the verdict or settlement, and expert witnesses who testified. In addition, the Jury Verdict Reporter staff offers their expertise to provide a custom case research service in which they will analyze our database according to supplied factual scenarios and compile a package of comparable Illinois cases. 2024 was an exciting year for the Jury Verdict Reporter and its subscribers! Our annual JVR Settlement Report reached a record high $2.38 billion in settlements and was published in the October issue of the Chicago Lawyer magazine. Law Bulletin Media’s legal portal, Lawyerport, which facilitates access to all Law Bulletin Media content including the Jury Verdict Reporter, continues to be utilized by thousands of Illinois attorneys. And the Jury Verdict Reporter transitioned even more information to our weekly eNewsletter that features both verdicts and settlements.
Christine Davis, Associate Editor Jury Verdict Reporter 415 N. State Street, Chicago IL 60654 Phone: 312-644-2764 Email: cdavis@lawbulletinmedia.com
JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 7
2024 Jury Verdict R Trial Lawyer Exce
(Front Row L to R) Joseph A. Power Jr., Patrick A. Salvi, Kimberly D. Flanigan, Jenny O. Blake, Sheryl M. Arrigo, Bruce R. Pfaff, William J. Rogers, Shilpa A. Patel, Matthew L. Williams; (Back Row L to R) Larry R. Rogers Jr., Heidi L. Wickstrom, Michael A. Schlechtweg, Patrick A. Salvi II, Joseph J. Lombardo, Robert J. Napleton, Christopher M. Norem, James M. Roche, Christopher T. Theisen, Joshua L. Weisberg, James I. Power,
8 JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
Reporter ellence Awards
( Back Row Continued) Louis A. Berns, Christian D. Biswell, Daniel J. Wangler , Margaret Firnstein Gebhardt Not pictured: Robert S. Baker, Michael F. Bonamarte IV, Seth L. Cardeli, Bradley M. Cosgrove, James P. Ginskey, Adam K. Hanna, Charles R. Haskins, Brian J. Hickey, Randall A. Mead, John J. Perconti, James I. Power, Mark D. Prince, David E. Rapoport, Larry R. Rogers, Jr., Cari F. Silverman, and Miranda L. Soucie
JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 9
Michael Gill and Matthew Ports Congratulate Our friend and former colleague Bruce Pfaff
On receiving the Plaintiff Attorney Lifetime Achievement Award at the 2024 JVR Awards for Trial Lawyer Excellence.
www.gillports.com
AWARD DESCRIPTION AND METHODOLOGY
Jury Verdict Reporter Trial Lawyer Excellence Awards
In preparation for the 2024 award ceremony, the Jury Verdict Reporter team and President of Law Bulletin Media Peter Mierzwa reviewed hundreds of significant Illinois jury verdicts and negotiated settlements that had been investigated and summarized by the Jury Verdict Reporter staff. We identified several that resulted in record-setting awards for the plaintiffs or notable defense outcomes in cases with a high verdict potential. It also became apparent during this research that a handful of attorneys had compiled such a significant body of successful outcomes for their clients that they merited awards for their achievement. The list of award winners includes not only some very recognizable attorney names, but also a few surprises. Photographs and biographies of the award winners are featured throughout this commemorative publication, along with the selected case summaries from the Jury Verdict Reporter. We look forward to October of 2025, when we will again host our Annual Jury Verdict Reporter Awards Ceremony & Reception. We hope to see you there.
JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 11
2024
Verdict or Settlement Highest Reported Williamson County
AWARDS
Anesthesia Error Causes Death $8,500,000
PLAINTIFF ASKED $12M
DEFENSE OFFER $2M - $8M high/low
VERDICT $8.5M
P laintiff underwent elective shoulder surgery for arthritis pain. He was taking Losartan for high blood pressure and had taken his medication earlier that morning. No physician anesthesiologist was present for the procedure. A certified registered nurse and other hospital employees administered
a lethal dose of general anesthesia which caused plaintiff’s blood pressure to drop. He became hypoten- sive and hypoxic and medical personnel were unable to revive him. He was declared brain dead and passed away seven days later. Liability was admitted and no experts were called.
12 JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
CASE REPORT
(19 MR/1) MEDICAL MALPRACTICE--ANESTHESIA ERROR CAUSES DEATH--ADMITTED LIABILITY (12A) Estate of Lowell Williamson, deceased v Marion Hospital Corp., d/b/a Heartland Re- gional Medical Center, Mary Bigongiari, C.R.N.A., Dr. Danuta Gwarnicka, Anesthesia Associates of Southern Illinois LLC, d/b/a Dr. Roodman & Associates 14L-86 Tried Mar. 15-20, 2019 VERDICT: $8,500,000 v all defts ($3,000,000 grief and sorrow; $5,250,000 loss of society; $250,000 loss of normal life).
Bradley M. Cosgrove Bradley M. Cosgrove, partner at Clifford Law Offices, has been recognized as the “Law - yer of the Year” in Medical Malpractice in 2023 by Best Lawyers. In 2024, Lawdragon named him one of the 500 Leading Plaintiff Consumer Lawyers in the country. He is a member of the Inner Circle of Advocates that names the best 100 plaintiffs lawyers in the U.S. He is an Illinois Super Lawyer, Lead - ing Lawyer and the National Trial Lawyers named him one of the Top 100 Lawyers in the country. Brad is an experienced trial at - torney in the areas of medical malpractice, trucking accidents, automobile collisions, personal injury and wrongful death who be - lieves that results speak for themselves. To date in 2024, Brad has achieved more than $84 million in verdicts and reported settlements. He has received many record verdicts over the years in the state includ - ing a $101 million record verdict on behalf of a baby who was brain damaged at birth, a $40 million record verdict on behalf of a 37-year-old man who suffered from a hyper - tensive stroke as a result of a physician’s failure to properly diagnose, manage and treat his high blood pressure, and a $21.5 million record verdict for a 6-year-old boy who drowned while at a public pool during a summer day camp. He gives back to the profession and to the community through his work as a leader of the Chicago Bar Association, the Illinois State Bar Association and the Illinois Trial Lawyers Association serving on its Board of Managers, as well as through the Wound - ed Warrior projects that helps veterans and their families.
JUDGE : Brad Bleyer (IL, Williamson 1st Jud Cir)
PLTF ATTY(S): Bradley M. Cosgrove, Charles R. Haskins of Clifford Law Offices (Chicago, IL), Mark D. Prince of Prince Law Firm (Marion, IL) DEMAND: $12,000,000 DEFT ATTY(S) : Richard J. Behr of Behr, McCarter & Potter (St. Louis, MO) for Marion Hospital Corp., Heartland Regional Medical Center (Self-Insured) OFFER: $2,000,000 - $8,000,000 total high/low; Jeffrey R. Glass, Madelyn J. Lamb of Hinshaw & Culbertson (Belleville, IL) for Mary Bigongiari, C.R.N.A. (Medical Pro- tective); Adrian E. Harless of Heyl, Royster, Voelker & Allen (Springfield, IL) for Dr. Danuta Gwarnicka (Medical Protective); Ted W. Dennis of Freeark, Harvey & Men- dillo (Belleville, IL) for Anesthesia Associates of Southern Illinois LLC, Dr. Roodman & Associates (Medical Protective)
PLTF MEDL: Dr. Medhat Elsherbini (Pulmonologist)
On August 12, 2013, Lowell Williamson went to Heartland Regional Medical Center for elective shoulder surgery due to arthritis pain. Lowell M-60, an I.T. consultant at Southern Illinois University, was considered high risk because he was on blood pressure medication (Losartan) at the time and had taken it earlier that morning. Despite this high risk, there was no physician anesthesiologist present at the time of the procedure. Deft Certified Registered Nurse Anesthetist Mary Bigongiari and other hospital employees administered a lethal dose of Sevoflurane gas (general anesthesia), which caused Lowell’s blood pressure to severely drop. He became dangerously hypotensive and hypoxic. Personnel failed to revive him and he was declared brain dead. Lowell passed away on August 19, 2013, survived by his wife and two adult daughters. The on-call anesthesiologist (deft Dr. Gwarnicka) took 55 minutes to respond after multiple contact attempts from Bigongiari and the staff present during the surgery. Dr. Gwarnicka claimed to be attending to another emergency during that time, which hospital records refute. The estate argued that defts failed to properly monitor Lowell or examine his records both before and during surgery, defts should not have let him undergo the surgery because he took his blood pressure medication earlier that day, defts failed to respond to a clearly urgent situation, his doctors did not formulate a specific plan for anesthesia, and no doctors made themselves available during anesthesia - in violation of state law. The defense admitted liability at the start of the trial, which precluded the jury from hearing the full case facts. No experts were called at trial. The jury deliber- ated three hours. This award is the highest Williamson County verdict or settle- ment reported in JVR records. On May 20, 2019, the defts reached a settlement
JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 13
Highest Reported Williamson County Verdict or Settlement
to pay the entire verdict without interest: Heartland Regional Medical Center paid $5,500,000, while Medical Protective paid $1,000,000 each for Gwarnicka, Bigongiari, and Anesthesia Associates (see JVR’s SMMM k/74). This case was the subject of a Chicago Daily Law Bulletin article on March 22, 2019.
Charles R. Haskins Charles R. Haskins, partner at Clifford Law Offices, concentrates his practice on medi - cal malpractice, products liability and prem - ises liability litigation. He has been on trial teams that have received record verdicts and settlements including a record $101 million verdict on behalf of a baby who sus - tained brain damage at birth. The same year, Chuck obtained an $8.5 million ver - dict on behalf of a Williamson County man who died when a certified registered nurse anesthetist and hospital employees allowed the patient to become dangerously hypoten - sive. Chuck works tirelessly with passion to achieve fair and just results.
Clifford Law Offices Firm: Robert A. Clifford founded a personal injury law firm in his name in 1984 that has developed an international reputa - tion. The lawyers at Clifford Law Offices represent hundreds of years of practice in personal injury and wrongful death law. Every member of the firm upholds the highest principles of the legal profession in placing the client first. The firm sets the standard in professional excellence utilizing state-of-the-art technology in the development of a case for trial. As a result of the litigation handled by the firm, many defective products and dangerous practices have been changed or abandoned altogether. Clif- ford Law Offices’ commitment to excellence has proven that the power of a single lawsuit can eliminate dangers caused by unsafe products and practices. The firm is at the forefront of pursuing this philosophy on behalf of its clients. At Prince Law Firm , we advocate for our clients, helping them to rebuild their lives after having been injured by the wrongful conduct of others. We are advocates for the injured person and are always ready, willing, and able to take on the insurance companies who stand in the way of our clients getting the justice they deserve.
Mark D. Prince Mark concentrates his law practice on rep - resenting people who have been harmed by the wrongful conduct of other people or corporations. These types of cases include bicycle and motorcycle accidents, auto ac - cidents, slips and falls, construction or work-site accidents, medical malpractice, products liability, railroad accidents, work - ers’ compensation, and wrongful death. Licensed in 1988, Mark practices across Il - linois, primarily in southern and central re - gions, and has tried cases in most south - ern counties. He founded his own law firm, Prince Law Firm, in 2004. His main office is located in Marion, Williamson County, Illinois.
14 JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
2024
AWARDS
Platinum Sponsor Brennan Burtker LLC congratulates the 2024 JVR Award Winners
Alumni recognition: 2023
This remarkable achievement reinforces our firm’s legacy of Trial Excellence and adds to Levin & Perconti’s record of JVR recognitions:
John Perconti
Michael Bonamarte
Margaret Battersby Black
Susan Novosad
Seth Cardeli
Kelly Sabo Gaden
Cari Silverman
Daniel Goldfaden
John Perconti
Michael Bonamarte
Margaret Battersby Black
Susan Novosad
Kelly Sabo Gaden
Daniel Goldfaden
2024
in a Premises Case Outstanding Defense Verdict
AWARDS
Not Guilty Tenant Allegedly Hurt in Apartment Ceiling Collapse
PLAINTIFF ASKED $2.55M DEFENSE OFFER $14K VERDICT For the Defense
P laintiff was sitting in her apartment when the ceiling collapsed and fell onto her. She sustained injuries that aggravated her pre- existing lumbar disc disease. Plaintiff claimed that she had complained about water damage in the ceiling to the landlord several months
prior to the occurrence, but the condition was not repaired until afterwards. The defense argued that plaintiff failed to prove that she was struck by the collapsing ceiling and failed to prove her preexisting condition was aggravated as a result of the collapse.
18 JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
CASE REPORT
(RRR 37/2) PREMISES LIABILITY--TENANT ALLEGEDLY HURT IN APARTMENT CEILING COLLAPSE (7) Candace Poland v Crater & Crater Enterprises LLC, James Dawson 20L-10133 Tried Jul. 28-Aug. 3, 2023
VERDICT: Not Guilty
Adam K. Hanna Adam graduated from the University of Michigan in 1993 with a B.A. in Psycholo - gy. He graduated from the Indiana Univer - sity School of Law in 1996 with a J.D. Adam worked for Taylor Miller LLC from 1997 to 2012 representing defendants in motor vehi - cle accident personal injury lawsuits. Adam began working for Bruce Farrel Dorn & As - sociates in 2012 (now Michael D. Gallo & Associates) where he continues to practice today. He primarily represents defendants in motor vehicle accident and premises liabil - ity personal injury lawsuits. Adam has tried over 100 jury trials, successfully argued be - fore the Illinois Appellate Court, and is an Art of Litigation trial skills instructor.
JUDGE: John P. Kirby (IL Cook-Law)
PLTF ATTY(S) : Elise M. Blandin of Horwitz, Horwitz & Associates (Chicago, IL) DEMAND: none ASKED: $2,550,000 DEFT ATTY(S) : Adam K. Hanna of Yvonne M. Kaminski & Associates (Chicago, IL) for both defts (State Farm) OFFER: $14,000
PLTF MEDL: Dr. Chantal Tinfang (Family Practice)
DEFT EXPERT(S): Dr. Brian S. Clay (Rehab/Physical Medicine) for both defts
Pltf F-50 was a tenant at deft’s’ building located at 9678 S. Oglesby in Chicago. On October 31, 2018, the ceiling in her apartment collapsed and fell onto her, resulting in aggravation of her pre-existing lumbar disc disease. Pltf contended she had complained about water damage in the ceiling to deft landlord for sev- eral months prior to the occurrence, but the condition was not repaired until afterwards. The defense argued pltf failed to prove that she was struck by the collapsing ceiling and failed to prove her pre-existing condition was aggravated as a result of the collapse.resulting in aggravation of her pre-existing lumbar disc disease. Pltf contended she had complained about water damage in the ceiling to deft landlord for several months prior to the occurrence, but the condi- tion was not repaired until afterwards. The defense argued pltf failed to prove that she was struck by the collapsing ceiling and failed to prove her pre-existing condition was aggravated as a result of the collapse.
Michael D. Gallo & Associates is a part of the Employees of the Law Department for State Farm Mutual Automobile Insurance Company.
JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 19
2024
in a Wrongful Death Case Highest Reported DeKalb County Verdict or Settlement
AWARDS
Death After Hernia Surgery $4,300,000
PLAINTIFF ASKED $7.62M DEFENSE OFFER $1M
VERDICT $4.3M
Not pictured: David E. Rapoport
P laintiff underwent hiatal hernia repair surgery at Kishwaukee Community Hospital. While re- covering in the Post-Anesthesia Care Unit, her blood pressure dropped and she became unrespon- sive. She was taken back to surgery where a damaged gastric artery was repaired. But plaintiff had lost a massive amount of blood and she died the next day.
The estate argued that plaintiff’s medical providers failed to properly monitor and assess plaintiff’s con- dition in the PACU. The defense contended the doc- tors and nurses appropriately assessed and treated plaintiff and that the low blood pressure was due to an interaction between the plaintiff’s hypertension medi- cation and the anesthesia.
20 JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
CASE REPORT
(14 S/1) MEDICAL MALPRACTICE--DEATH AFTER HERNIA SURGERY- -DEKALB COUNTY HIGH (12O) Estate of Gloria J. Ormond, deceased v Kishwaukee Community Hospital, Anes- thesia Associates Ltd., DeKalb Clinic Chartered 10L-113 Tried Sep. 8-19, 2014 VERDICT: $4,300,000 v Kishwaukee Community Hospital and Anesthesia Associates Ltd. ($3,000,000 loss of society and grief/sorrow; $1,300,000 con- scious pain & suffering); Not Guilty v DeKalb Clinic. Special Interrogatory: Was the sole proximate cause of Ms. Ormond’s death something other than the con- duct of the defendants? “No.”
David E. Rapoport David Rapoport is the President and Found - ing Shareholder of Rapoport Weisberg Sims & VanOverloop, PC. He has 43 years of plain - tiffs’ personal injury and wrongful death trial experience. David is board certified* in Civil Trial Advocacy by the National Board of Tri - al Advocacy and Medical Malpractice by the American Board of Professional Liability At - torneys. A long-time ABOTA member, David is recognized by Best Lawyers® and Mar - tindale Hubbell rates him AV Preeminent®. David has been named an Illinois Super Lawyer® every year since the inception of Illinois’ Super Lawyers program. Besides handling medical malpractice and other types of personal injury trials and ap - peals, David has 35 years of commercial air disaster and general aviation litigation and trial experience. In this part of his practice David has represented airline passengers, pilots, flight attendants, and their families in the courts of 14 states and served on court appointed Plaintiffs’ Steering Committees in five major air disaster lawsuits. * Board certification is not required to practice law in Illinois, and the Illinois Supreme Court does not recognize specialties in the practice of law.
JUDGE : William P. Brady (IL, De Kalb 23rd Jud Cir)
PLTF ATTY(S): David E. Rapoport, Joshua L. Weisberg of Rapoport Law Offices (Chicago, IL) DEMAND : $1,250,000 withdrawn ASKED: $7,620,000 DEFT ATTY(S): Kevin J. Vedrine, Barbara M. Prohaska of Cunningham, Meyer & Vedrine (Chicago, IL) for Kishwaukee Community Hospital (Self-Insured); Robert H. Smith, Stuart L. Berman of Lowis & Gellen (Chicago, IL) for Anesthe- sia Associates Ltd. (Doctor’s Company) ; Jerrod L. Barenbaum, Kelly J. Epper- son of Hinshaw & Culbertson (Rockford, IL) for DeKalb Clinic Chartered (ISMIE) OFFER: $1,000,000 total PLTF EXPERT(S) : Dr. Robert L. Bell of Summit Medical Group, One Diamond Hill Road, Bensley Pavilion, 4th floor, Berkeley Heights, NJ (908-277-8950) (General Surgeon) Dr. Lars Helgeson of Yale University, 789 Howard Ave., New Haven, CT (203-785-2802) (Anesthesiologist) Janet Robol, R.N., 133 Jefferson St., Wood Ridge, NJ (201-707-4261) (Nursing) Dr. Ronald Sacher (Hematologist) DEFT EXPERT(S) : Catherine Stull, R.N. of Hines VA Hospital, 5000 S. 5th Ave., Hines, IL (708-202-8387) (Nursing) for Kishwaukee Community Hospital Dr. William G. Soden (Anesthesiologist) for Anesthesia Associates Ltd. Dr. Mi- chael Ujiki of North Shore Medical Group, 1000 Central St., #800, Evanston, IL (847-570-1700) (General Surgeon) for DeKalb Clinic Chartered On October 18, 2010, Gloria Ormond underwent surgery to repair a hiatal her- nia at Kishwaukee Community Hospital. The surgery appeared to be success- ful and she was transferred to the Post-Anesthesia Care Unit (PACU) recovery room, where her blood pressure dropped and she became unresponsive ap- proximately 2.5 hours later. A code blue was called, Gloria was resuscitated, and she was then taken back to surgery. An exploratory laparotomy revealed a massive amount of intra-abdominal blood had accumulated due to bleeding from a damaged gastric artery, which was repaired. However, Gloria F-57 never regained consciousness, and was pronounced dead at 1:29 a.m. on October 19, 2010. She was survived by two adult children. The estate argued the defts, including the hospital’s nurses, the anesthesiologist employed by deft Anes- thesia Associates, and the surgeon employed by deft DeKalb Clinic, all failed to properly monitor and assess Gloria’s postop condition in the recovery room, and the surgeon negligently left the hospital one hour after the hernia repair surgery, causing a delay in the diagnosis and treatment of her internal bleeding
JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 21
Highest Reported DeKalb County Wrongful Death Verdict or Settlement
which led to massive blood loss, hemorrhagic shock, disseminated intravas- cular coagulation (DIC), conscious pain and suffering, and eventual death. The defense contended the doctors and nurses appropriately assessed, diagnosed, and treated the patient, and her low blood pressure following the surgery was caused by an interaction between the anesthesia and her hypertension medi- cation. The defense for DeKalb asserted that based on the patient’s condition when the surgeon saw her in the recovery room, he was not required to stay at the hospital because her low blood pressure was being addressed by the an- esthesiologist and recovery room nurse. COMPARISON: The previous highest DeKalb County wrongful death verdict in JVR records was $2,750,000 in 2008 for a stillbirth (see 08 My/1).
Joshua L. Weisberg Joshua L. Weisberg is a Shareholder and Rapoport Weisberg Sims & VanOverloop, PC. Mr. Weisberg has been a full time trial lawyer representing plaintiffs in personal injury and wrongful death cases since 2005. During Mr. Weisberg’s career, he has obtained over $100 million for his clients in verdicts and settle - ments, including numerous record setting verdicts and settlements. Mr. Weisberg has won multi-million dollar verdicts for his cli - ents in cases involving medical malpractice, product liability, construction negligence, and auto accidents. Mr. Weisberg is board certified* in Civil Trial Advocacy by the National Board of Trial Ad - vocacy. He has been selected as an Illinois Super Lawyer® every year since 2014. In addition to his practice as a trial lawyer, Mr. Weisberg has also had tremendous success in the state and federal appellate courts on behalf of victims of negligence. * Board certification is not required to practice law in Illinois, and the Illinois Supreme Court does not recognize specialties in the practice of law.
Rapoport Weisberg Sims & VanOverloop, PC. represents plaintiffs in catastrophic personal injury and wrongful death cases arising out of aviation accidents, medical malpractice, auto and trucking accidents, product liability, lead poisoning, and workplace accidents. Our firm has recovered over $500 million for its clients, which includes numerous re- cord setting verdicts and settlements. Our firm concentrates on maxi - mizing the value of each case and providing exceptional personal service to each of our clients.
22 JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
2024
AWARDS
Platinum Sponsor Cavanagh Law Group congratulates the 2024 JVR Award Winners
Alumni recognition: 2011, 2015
2024 JVR Trial Lawyer Excellence Awards
24 JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
2024 JVR Trial Lawyer Excellence Awards
JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 25
2024
in a Medical Malpractice Case Outstanding Defense Verdict
AWARDS
Ankle Fracture Treatment Blamed for Amputation Not Guilty
PLAINTIFF ASKED $18.5M DEFENSE OFFER None VERDICT For the Defense
Not pictured: Randall A. Mead
P laintiff sustained serious injuries in a one-car ac- cident including a closed left ankle fracture and complete talar dislocation involving all three main ankle joints. The on-call orthopedic surgeon and another orthopedist unsuccessfully made multiple attempts at a closed reduction procedure. Post-op plaintiff’s talus bone was still significantly out of position and he underwent an - other open procedure, which also failed. He subsequently developed both a MRSA and bone infection, which lead
to a Syme amputation of his foot. He continues to experi- ence nerve pain, phantom limb pain, and other problems with his leg and prosthesis. The defense asserted that circulation to the foot remained intact after the initial surgery, there was no evidence of infection while plaintiff was under defendant’s care, the amputation was neces- sary because of the MRSA bone infection, and the crash injury was so severe that there was always the potential for loss of the foot.
26 JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
CASE REPORT
(23 JA/2) MEDICAL MALPRACTICE--ANKLE FRACTURE TREATMENT BLAMED FOR AMPUTATION (12M) Brandon Wall, Abby Wall v Dr. Luke Leutkemeyer, Midwest Orthpaedic Center S.C. 19L-19 Tried Jan. 9-18, 2023
VERDICT: Not Guilty v both defts.
Christian D. Biswell Christian D. Biswell is a shareholder and president of Drake, Narup & Mead. His main focus is professional liability defense. His practice focuses almost exclusively on de - fending physicians, medical providers, hos - pitals and medical practices in professional malpractice litigation. Chris has extensive litigation and trial expe - rience, having tried several medical malprac - tice cases to verdict over recent years. He has represented many specialists, includ - ing internal medicine, infectious disease, cardiology, orthopedics, pediatrics, obstet - rics, general surgery, and gastroenterology. Chris has a calm, confident style that clients and insurance representatives appreciate, and to which juries respond favorably. Chris joined Drake, Narup & Mead in 2001. He was admitted to the bar in 2001, Illinois; 2002 U.S. District Court, Central District of Illinois. Chris’s practice areas include civil litigation, insurance defense, professional liability de - fense, personal injury, and subrogation and products liability. Chris attended Southern Illinois University, where he received his B.A. in 1995, his M.A., 1997, and his J.D. in 2001.
JUDGE: Paul E. Bauer (IL, Tazewell 10th Jud Cir)
PLTF ATTY(S): Michael T. Gill, Matthew D. Ports of Pfaff, Gill & Ports (Chicago, IL) for both pltfs DEMAND: $4,000,000 policies ASKED: $18,524,100 total DEFT ATTY(S): Christian D. Biswell, Randall A. Mead of Drake, Narup & Mead (Springfield, IL) for both defts (ISMIE) OFFER: none PLTF MEDL: Dr. Evan A. Dougherty (Orthopedist), Dr. Benjamin J. Fried- man (Rehab/Physical Medicine), Dr. Kimberlee Overdeck (Radiologist) for Brandon Wall DEFT MEDL: Dr. Jeffrey W. Akeson (Orthopedist), Dr. Nirain D’Souza (Orthopedist) for both defts PLTF EXPERT(S): Dr. Craig R. Lareau of New England Orthopedic Surgeons, 300 Birnie Ave., Springfield, MA (413-233-1124) (Orthopedist); John W. Michael (Prosthetist) for Brandon Wall DEFT EXPERT(S): Dr. Mark Hutchinson (Orthopedist); Dr. John P. Flaherty (Infectious Disease) for both defts Pltf M-35 was injured in a serious one-car accident and transported to OSF St. Francis Hospital in Peoria on March 20, 2017, where he was diagnosed with a closed left ankle fracture/dislocation, traumatic brain injury, and pneumotho- rax. Deft Dr. Leutkemeyer was the on-call orthopedic surgeon that day who ini- tially treated the ankle injury, which included complete talar dislocation involv- ing all three main ankle joints. Pltf was taken to surgery due to the severe nature of the pan-talar fracture and poor circulation to the left foot from the injury. Dr. Leutkemeyer attempted a closed reduction procedure to minimize the risk of infection, but he could not achieve good alignment because soft tissue was in the way. One of his partners from Midwest Ortho was also at the hospital, Dr. Jeffrey Akeson, so he was called in to assist with the surgery. Their attempt at closed reduction still failed, so they decided to perform an open reduction. Fluo- roscopy showed good realignment of the bones was attained, and circulation was restored to the forefoot. Dr. Leutkemeyer also ordered a postop CT scan of the left foot/ankle which was done about five hours later. Leutkemeyer was not an ankle specialist, and he ordered the scan for follow-up care from ankle specialist Nirain D’Souza who was on vacation. However, the CT scan showed the talus bone was again significantly out of position. Dr. Leutkemeyer decided to stabilize the ankle with a bulky Jones splint until D’Souza returned instead of using K-wires or an external fixator, again to minimize the risk of infection. Pltf remained at the hospital in the ICU under the care of other specialists for his other injuries, primarily the TBI. Dr. D’Souza returned from vacation, was told the ankle was not urgent, first saw pltf on March 27, and performed open
JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 27
Outstanding Defense Verdict in a Medical Malpractice Case
reduction external fixation surgery on March 31. Pltf subsequently developed a MRSA infection and osteomyelitis in his left foot and decided to seek a second opinion elsewhere, ultimately leading to a Syme amputation of the foot on Sep- tember 13, 2017. Pltf continues to experience nerve pain, phantom limb pain, and other problems with his leg and prosthesis; he will likely need future revi- sion surgery for a transtibial amputation ($2,635,000 future medical/prosthet- ics expenses). Pltfs contended Dr. Leutkemeyer breached the standard of care by failing to immediately re-operate after the CT scan, the re-dislocation was an orthopedic emergency which required immediate surgery for reduction and fixation of the ankle joint, deft negligently informed D’Souza that the ankle was subluxed - not dislocated, Dr. Leutkemeyer never saw pltf again after March 20, and pltf was never told about the postop CT scan until he sought the second opinion. Dr. D’Souza was voluntarily dismissed with leave to refile shortly before trial. The defense argued Dr. Leutkemeyer complied with the standard of care at all times, it was not the role of a trauma surgeon to personally follow an ICU patient daily, defts did follow his case through Leutkemeyer’s physician assis- tant and remotely accessible medical records, and it was not unusual to wait for an ankle surgery in order to allow swelling to decrease. The defense further asserted that circulation to the foot remained intact after the initial surgery, there was no evidence of infection while pltf was under defts’ care, the MRSA osteomyelitis was the cause of the amputation, and the crash injury was so severe that there was always the potential for loss of the foot. The jury deliber- ated approximately 13 hours over two days. Pltfs filed a post-trial motion for a new trial.
Randall A. Mead Randall A. Mead has practiced exclusively in the realm of tort litigation for the last 43 years, from his first job with Jerry Mirza through his founding of Drake, Narup & Mead, P.C., in 1989, to the present as he enjoys semi-retirement.. Randy earned his J.D. from Southern Illinois University School of Law in 1981. His practice emphasized professional negligence defense; insurance coverage litigation, including federal motor carrier insurance disputes; construction litigation and tort litigation in general.. Randy is a member of the Illinois State Bar Association and he also currently serves as an adjunct associate professor of Medical Humanities at the SIU School of Medicine. He is an affiliate attorney for the Alliance Defending Freedom. He served the Illinois Supreme Court Committee on Jury Instructions, Civil from 1995-2004) and was a member of the Board of Directors of the Lawyers’ Trust Fund of Illinois (1987-1993).
Drake, Narup & Mead, P.C. Founded in 1989, Drake, Narup & Mead’s physical office is located at 107 East Allen Street, Springfield, Illinois. Our lawyers include founding member Randall Mead, Chris Biswell, Jeff Cocagne and Jason Schutte, who is also licensed in Missouri. We prac- tice throughout the State of Illinois, Missouri, and all of the Illinois fed- eral district courts and the Seventh Circuit. Our areas of work include large-loss claims in professional negligence, both medical and legal; de- fense and plaintiff’s personal injury claims; insurance coverage disputes, including motor carrier insurance disputes; subrogation; construction litigation and family law.
28 JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
CHECK OUT OUR NEW WEBSITE!
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Is proud to congratulate
Recipient of a Robert S Baker
Our firm has a long history of successful representation of hospitals and care providers in high value medical malpractice litigation and this remains our primary goal. DEFENSE CAREER ACHIEVEMENT AWARD
Robert S Baker * Ruth V Enright * Patrick J Vezino
The Law Offices of Parente & Norem, P.C.
Congratulates Christopher M. Norem 2024 JVR Plaintiff Attorney Achievement Award for winning the
221 N LaSalle Suite 1750 Chicago, IL 60601 312.641.5926 pninjurylaw.com
2024
Verdict or Settlement Highest Reported LaSalle County
AWARDS
Kidney Stone Removal Led to Cardiac Arrest Confinement to Wheelchair $23,737,234
PLAINTIFF ASKED $15M - $20M
DEFENSE OFFER $600K - $1M high/low VERDICT $23,737,234
P laintiff was hospitalized for a kidney stone. In preparation for a cystoscopy, the anesthe- siologist began inducing anesthesia. Plain- tiff suddenly exhibited cardiac arrhythmias and the procedure was cancelled. A cardiologist reviewed the telemetry strips, interpreted the arrhythmias as “benign,” and plaintiff was returned to surgery. The anesthesiologist was no longer available and so a
nurse anesthetist administered anesthesia. Arrhyth- mias recurred but the procedure continued. Plaintiff went into cardiac arrest, and he is now confined to a wheelchair and suffers double vision and speech dis- orders. The defense contended the cause of the an- oxia was respiratory arrest, cardiac arrhythmia was not indicated, and that the nurse anesthetist was the sole proximate cause of the event.
32 JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
CASE REPORT
(08 MR/1) MED. MAL.--KIDNEY STONE REMOVAL, CARDIAC ARREST, RECORD LA SALLE VERDICT (12A) Adam Porter v Dr. John Podzamsky, D.O., Patricia Duffield, Dr. Ephraim Batam - buze, Prairie Cardiovascular Consultants Ltd., Patricia Blair, C.R.N.A., A.T. Associ- ates Anesthesiologists 03L-83 Tried Jan. 28-Feb. 14, 2008 VERDICT: $23,737,234 v Podzamsky and Duffield ($597,836 past medl. ex - penses; $5,300,000 future medl. expenses; $2,339,398 past and future wage loss; $5,500,000 past and future pain & suffering; $10,000,000 past and fu- ture loss of normal life) after their co-defts settled out during trial for a total of $2,000,000. Co-deft Dr. Michael Ihlenfeldt settled pre-trial for $750,000 (see Settlements by Category, SYY g/40).
James P. Ginzkey Jim Ginzkey is a personal injury attorney in Bloomington, Illinois. Mr. Ginzkey has been practicing for over 40 years and for the last two decades has primarily represented patients in medical malpractice cases. In addition to his trial practice Mr. Ginzkey has extensive appellate court experience, having argued dozens of appeals in the appellate courts of Illinois, as well as in the 7th Circuit and U.S. Supreme Court. He is a past chair of the Illinois State Bar Association’s Tort Law Section Counsel and served in the ISBA’s General Assembly for a number of years. Mr. Ginzkey continues to do volunteer work with Prairie State Legal Services and with the local YMCA. He continues to be supported by his wife of 48 years and has two married daughters living in Chicago.
JUDGE: James A. Lanuti (IL, La Salle 13th Jud Cir)
PLTF ATTY(S): James P. Ginzkey, Ginzkey & Molchin, LLC DEMAND: $4,000,000 total ASKED: $15,000,000 - $20,000,000 DEFT ATTY(S): Jeffry S. Spears of Hinshaw & Culbertson (Rockford) for Podzamsky, Duffield (PIC-Wisconsin, PIC-Wisconsin; Fireman’s Fund) OFFER: JP, PD $250,000 ; David L. Drake of Drake, Narup & Mead (Springfield) for Bat - ambuze, Prairie Cardiovascular Consultants Ltd. (ISMIE) OFFER : none ; Gregory A. Cerulo of Quinn, Johnston, Henderson & Pretorius (Peoria, IL) for Blair, A.T. As- sociates Anesthesiologists (ISMIE) OFFER: PB $600,000 - $1,000,000 high/low PLTF MEDL: Dr. Muhammad Malik (Cardiologist), Dr. Joseph Sarmiento (Internist) PLTF EXPERT(S): Dr. David Stein (Cardiologist); Dr. William Peruzzi (Anes- thesiologist); Barbara A. Weintraub, C.N.P. of Northwest Community Hospital, 800 W. Central, Arlington Heights, IL (847-618-5432) (Nurse Practitioner); Mar- garet Faut-Callahan, C.R.N.A. of Rush University Medical Center, 600 S. Paulina, Chicago, IL (312-942-2308) (Anesthetist); Dr. Gregory Grubb, D.O., 1985 DeKalb Rd., Suite 300, Sycamore, IL (815-754-1122) (Family Practice); Charles Linke, Ph.D. (Economist); Dr. Alan Kadish (Cardiologist) DEFT EXPERT(S): Dr. Steven J. Eisenstein (Family Practice) for Podzamsky, Duffield Dr. Scott M. Miller (Cardiac Electro-Physiologist) for Batambuze, Prairie Cardiovascular Consultants Ltd. Dr. Bruce S. Kleinman (Anesthesiologist) for Blair, A.T. Associates Anesthesiologists November 15, 2001, pltf M-28 was hospitalized by his family physician deft Dr. Podzamsky at St. Mary’s Hospital, Streator, for treatment of a kidney stone. A cystoscopy was scheduled, but when anesthesiologist Dr. Ihlenfeldt began inducing anesthesia, the patient experienced cardiac arrhythmias and the pro- cedure was cancelled pending a cardiac workup. Dr. Podzamsky (who had the day off) was notified of the problem; he sent his nurse practitioner Duffield to the hospital in his place. She gave pltf’s telemetry strips to cardiologist Dr. Bat- ambuze who interpreted the arrhythmias as “benign” and pltf returned to sur- gery. As Dr. Ihlenfeldt was then involved in another surgery, deft Blair, a nurse anesthetist, began inducing anesthesia. The arrhythmias recurred but the
JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 33
Highest Reported LaSalle County Wrongful Death Verdict or Settlement
cystoscopy proceeded; pltf went into cardiac arrest, suffering anoxic encepha- lopathy with permanent spastic quadriparesis, double vision and dysarthria (slurred speech). He is confined to a wheelchair ($597,000 medl., $3,000,000 lifetime LT as telephone technician). Duffield, Podzamsky, and Batambuze con - tended the cause of the anoxia was respiratory arrest, cardiac arrhythmia was not indicated, and deft Blair was the sole proximate cause of the event. Blair argued pltf’s problem was cardiac, namely, ventricular tachycardia. Toward the end of pltf’s case, after viewing a video of a day in his life, one of the jurors suf- fered a seizure. Deft Duffield leaped into the jury box to administer emergency aid while 911 was called. When the trial resumed, counsel for Batambuze and Blair moved for mistrial; this being denied by the Court, they settled their cases ($1,000,000 policy each). Podzamsky and Duffield then moved for directed ver - dict (denied) and for mistrial (also denied). Duffield’s Firemen’s Fund policy had a $1,000,000 limit (offered pre-trial and withdrawn). Attorney David C. Burtker of Cunningham, Meyer & Vedrine entered his appearance on their behalf but did not participate in the trial and, shortly before it ended, pltf and Firemen’s agreed to a high/low of $1,000,000/$750,000. Podzamsky’s and Duffield’s PIC-Wis - consin policy limits were each $1,000,000. This is the largest La Salle County verdict reported by Jury Verdict Reporter. The previous high was $10,876,668 in 1984 (see Illinois Jury Verdict Reporter 84 N/1). The defense has indicated it will file post-trial motions.
Ginzkey & Molchin, LLC is a boutique personal injury law firm in Bloom - ington. Although occasionally handling cases in Cook County and the collar counties, the firm’s focus is in Central Illinois. Ginzkey & Molchin, LLC is not a high volume law firm and for that reason prides itself on close personal attention being given to all of its clients.
34 JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
2024 JVR SETTLEMENTS REPORT
Med-mal Settlement Amounts Reach All Time High
328 TOTAL CASES
Med-mal Cases 2024
Source: Jury Verdict Reporter
SETTLEMENTS 255
TOTAL AWARDS
MEDIAN
AVERAGE
28% OF ALL REPORTED CASES WERE SETTLED
78 % SETTLEMENTS
$1,800,000
$3,793,176
$967,234,351
2024
225
$1,000,000
$2,778.569
$625,177,914
2023
214
$384,105,786 $750,000 $1,794,887
2022
$40,000,000 Salvi Schostok & Pritchard PC Birth Injury to Child
$39,750,000 Cliord Law Oces Heart/Vascular/Blood
$30,200,000 Cliord Law Oces Failure to Diagnose
$29,000,000 Levin & Perconti Birth Injury to Child
$28,000,000 Salvi Schostok & Pritchard PC Failure to Diagnose
TOP CASES
NOTABLE DEFENSE VERDICT Shuangxue “Sue” Zhang v Dr. Craig H. Gerstein, Gerstein Eye Institute Ltd. CASE NUMBER 19-L-11919 DEFENSE ATTORNEYS Mary Kay Scott, Nicholas J. Riley of Brenner, Monroe, Scott & Anderson FACTS Incorrect lens implanted during cataract surgery
DEFENSE VERDICTS
PLAINTIFF VERDICTS
22 % TRIALS
$5.5M ASK
42
31
58 % DEFENSE
$850K None DEMAND OFFER
There were 255 medical malpractice settlements in the 2024 JVR Settlements Report with a total value of more than $967 million. The total medical malpractice amounts were 55% higher than the 2023 total of $625 million. Med-mal cases repre- sented 41% of all cases reported for the 2024 report. The average medical malpractice settlement increased 37% from $2.8 million in 2023 to $3.8 million in 2024. The top medical malpractice settlement involved the birth of a child that involved alleged errors in the cesarean section procedure resulting in catastrophic injuries and cerebral palsy and requiring constant medical care for the rest of the child’s life. The $35 million settlement was handled by Romanucci & Blandin LLC.
Cook County continued to be the jurisdiction for most medi- cal malpractice settlements with 79% of the cases and 83% of the revenue. Settling a medical malpractice case in Cook con- tinues to bring a premium with the average amount of $4 mil- lion exceeding non-Cook cases by 35% or $1 million. However, non-Cook cases in the report saw the largest total amount of $160 million was the highest since pre-pandemic numbers. The report saw a resurgence in medical malpractice trials during the reporting period with 73, which is on par with the 2019 number. Of the reported medical malpractice trials during the current reporting period, the defense win rate was 58%, simi- lar to the 59% in 2023. juryverdictreporter@lawbulletinmedia.com
JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 35
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