Verdicts and Settlements
Personal Injury
$483K: Construction Negligence
Attorneys with Rubin & Machado tried a case and won a $483,000 verdict for a 35-year old roofer who fell from the roof of a 2-story house under construction, tearing the anterior cruciate ligament. The surgical repair of the ligament resulted in a complete recovery and return to work as a roofer.
$3.5M: Pedestrian Killed by Vehicle
Rubin & Machado attorneys were responsible for securing a $3.5 million dollar structured settlement for the family of an elderly man who had traveled to Chicago for the wedding of a grandson and was run over by a sightseeing tour operator. The man suffered serious spine injuries and fractures that eventually led to his death. This settlement was obtained without going to trial.
$3.5M: Aviation Death
After a 5-week trial, a Rubin & Machado attorney, who tried a case in Federal Court, received a verdict in the amount of $3.5 million against air traffic controllers for improper taxi instructions resulting in a death. The surviving family members included a wife, 16-year-old daughter, and 5-year-old son.
Medical Malpractice
$5.35M: Failure to Diagnose
Failure to diagnose lupus in a 39 year old woman leads to $5,350,000.00 settlement. Rubin & Machado attorneys settled a case on behalf of a young woman whose physician failed to follow up on a critical lab result that led to kidney failure and dialysis.
$5.3M: Medical Malpractice During Bowel Surgery Resulting in Woman's Death
A Cook County jury awarded $5.35 million to the family of a woman with colorectal cancer who died after going nearly two months with an undiagnosed bowel obstruction after surgical removal of a tumor at a Chicago hospital. The estate of Palmer was represented by Emilio E. Machado, as well as Stephanie B. Rubin and Edward M. Rubin of Rubin & Machado, Ltd.
$4.25M: Post-Operative Infection Causes Paraplegia
Rubin & Machado’s attorneys assisted a family receive a $4.25 million dollar settlement for the death of a 48-year-old father of two who broke his hip while working as a car salesman. The hip surgery led to a serious infection that ultimately left this man paraplegic. The case was settled after the man died as a result of an unrelated illness.
$3.8M: Injuries from Anesthesia Technique
A Cook County jury awarded $3.8 million to a man, represented by Edward M. Rubin and Stephanie B. Rubin of Rubin & Machado, Ltd., who sustained injuries from deliberate hypotension, a technique that lowers a person’s bloodpressure, while he was under anesthesia for more than 13 hours during lumbar surgery.
$2M: Failure to Diagnose Spinal Infection
Rubin & Machado’s attorneys settled at the time of trial a case against a local Chicago Hospital in the amount of nearly $2.2 million on behalf of a 45-year-old Hispanic man who lost partial function of his lower extremities due to the failure of the hospital staff to timely diagnose his spinal infection. The case involved several defendant doctors and a local hospital that denied any wrongdoing.
$1M: Failure to Diagnose Psychiatric Instability
Rubin & Machado’s attorneys received a settlement exceeding $1 million on behalf of a Lake County man with severe psychiatric illness who threatened his wife and children due to an impending divorce. The man frequently went to the top of the roof of his home and threatened bodily harm to himself and others. The man’s psychiatrists failed to appreciate the danger of his escalating and unstable behavior and failed to hospitalize the man. As a result, this unfortunate man was given the opportunity to pour gasoline on himself and light a match. The resulting burns left the man severely disabled, although he did return to gainful employment.
$850,000: Wrongful Death - Failure to Obtain Surgical Consult
Rubin & Machado settled a case for $850,000 on behalf of the estate of a 63-year old man who had a past history of leukemia and testicular cancer. The gentlemen presented to Central DuPage Hospital ER on February 13, 2012 at 9:45 AM with two days of abdominal pain. A CT-scan revealed a blood clot in the Superior Mesenteric Artery, partially blocking the blood supply to his intestine. The CT also showed that his bowel was intact and functioning appropriately at this time. He was admitted to the hospital but no surgical consult was requested until later in the evening. The surgical consult was not performed until the next morning, at which time it was found that his bowel had become ischemic, leading to his death the following day. Plaintiff's estate contended the failure to get an earlier surgical consult caused or contributed to his death.
Birth Injury
$12M: Medical Malpractice Resulting in Severe Birth Injury
In February 2003, the personal injury law firm of Rubin & Machado reached a $12 million settlement with the Illinois Masonic Medical Center in Chicago for medical malpractice resulting in severe birth injury. The child, now a boy of two, suffers from cerebral palsy as a result of delayed delivery causing oxygen deprivation to his brain. Plaintiff attorney, Emilio Machado, argued that the doctor delivering the baby ignored warning signs of fetal distress and breached the standard of care by not performing an emergency cesarean section or delivery by forceps. The boy is now quadriplegic and almost blind. Rubin & Machado structured the settlement such that a portion ($2.88 million) will be used to purchase an annuity to provide long-term medical care for the child.
$6.5M: Medical Malpractice Resulting in Brain Injured Infant
Jury awards 6.5 million dollars to family of brain injured infant. Rubin & Machado lawyers were successful in convincing a jury to award 6.5 million dollars to a family of a one month old infant whose pediatrician failed to diagnose an infection which caused the baby to stop breathing and left her severely impaired.
$5.5M: Undiagnosed Heart Defects Resulting in Infant Death
A Cook County jury awarded $5.5 million to the family of a 19-day-old baby that died from cardiac arrest due to congenitalheart defects that went undiagnosed at a Park Ridge hospital. The Estate was represented by Emilio E. Machado and Stephanie B. Rubin of Rubin & Machado, Ltd.
$3.45M: Injury to Infant
Represented by Emilio Machado and Edward Rubin of Rubin & Machado, Ltd., a Hispanic mother of two delivered her third child after nearly 3 days in labor under the supervision of her obstetrician at a local Chicago hospital. Mom alleges she begged her doctor to deliver the baby by Cesarean Section and signed a consent for the surgery more than 24 hours before the birth of the child who was stuck in the vaginal canal for more than 9 minutes after the cord was cut. The hospital and physician denied liability and claimed that the child’s neurological delays were likely unrelated to HIE and more likely related to his diagnosis of autism. The insurance company for the obstetrician paid $950,000 from a One million dollar policy and the hospital paid $2.5 million.
$3M: Injury to Mother
Rubin & Machado attorneys win 3.0 million settlement for woman with brain injury following child birth. Mother of 5 suffers seizures hours after child birth due to the doctor's failure to control her blood pressure during delivery. The woman's extreme hypertension caused a blood vessel in her brain to burst leading to significant memory loss and impairments.
$1.5M: Permanent Nerve Damaged in Arm
Baby's twisted arm at birth responsible for 1.5 million settlement as against hospital and obstetrician. The parents of a young boy who suffered a permanent nerve injury in his shoulder at birth were awarded 1.5 million dollars from a local Chicago hospital. The obstetrician was charged with pulling the child out of the birth canal in a manner that caused the baby to have a weak and deformed arm.
