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Clifford Law Obtains $8.25 Million Verdict in Medical Malpractice Case Against Chicago Hospital

Bradley M. Cosgrove, partner at Clifford Law Offices in Chicago, this afternoon (Nov. 4, 2015) obtained an $8.25 million verdict against a Chicago hospital on behalf of a family who lost their father and husband due to negligence following a total knee replacement surgery. Adam Szwarek, Sr., was a patient at Presence Saint Joseph Hospital in the Lakeview neighborhood of Chicago from December 8 - 10 of 2009. Following the surgery, he suffered a heart attack that caused hypoxia, anemia, confusion and disorientation, which was alleged to have gone untreated by medical personnel including the hospital residents. It led to shock and an inadequate blood flow to his vital organs, including his heart. Szwarek, 68, died two days later at the hospital from a massive myocardial infarction. "The death of Mr. Szwarek was avoidable had medical personnel ordered simple, cheap, available and non-invasive tests in response to his signs of heart attack" Cosgrove said following the verdict. "If the medical personnel had simply acted reasonably, Mr. Szwarek would be alive today for his wife and his son. This never should have happened to this wonderful family." The five-man-seven-woman jury came back in two hours and 20 minutes following a 10-day trial before Cook County Circuit Court Judge Donald J. Suriano at the Daley Center. The case was brought by Szwarek's estate. The jury award $3.25 million for grief and sorrow, and $5 million for loss of society to the widow and his adult son. Marta M. Kowalczyk, associate at the firm, assisted at trial. Kowalczyk has now assisted in verdicts totaling more than $15 million. Cosgrove has had a string of successful verdicts and settlements since joining Clifford Law Offices two years ago totaling more than $70 million. Last year he was listed as one of the Top 40 Attorneys Under 40 years of age by the Law Bulletin Publishing Company.
For further information, please contact Clifford Law Offices' Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell).
Case No.: 11 L 13030
Attorneys for defendant Presence Saint Joseph Hospital:
John N. Seibel and Myriah Conaughty
Cassiday Schade LLP
20 N. Wacker Dr., Suite 1000
Chicago, IL 60606

Clifford Law Offices Files Lawsuit Against Uber for Driving Against Traffic and Injuring Passenger

Clifford Law Offices, a nationally renowned personal injury firm, today (Oct. 26, 2015) filed a lawsuit against Uber and an Uber driver for injuries to a passenger when the driver turned into oncoming traffic at the busy Ohio Street intersection that merges off the Kennedy Expressway.

Bob Clifford Receives Award of Honor by the Chicago Police Memorial Foundation

Robert A. Clifford, founder and senior partner at Clifford Law Offices, was given the Award of Honor by the Chicago Police Memorial Foundation at its Fourth Annual Valor Luncheon yesterday at a very touching ceremony filled with Chicago's finest (Oct. 14, 2015).

Clifford Law Offices Files Federal Class Action Complaint for Deceptive and Fraudulent Business Practices Against Volkswagen in "Clean Diesel" Scam

September 21, 2015

Clifford Law Offices, a leading mass tort/class action firm in Chicago, today (Monday, Sept. 21, 2015) filed a class action complaint in federal district court on behalf of two people who own Volkswagens that are affected by the recent "clean diesel' scandal that has rocked the automaker.
The complaint, filed on behalf of Micah Dorn and Peter Haralovich, individually and as representatives of the class, alleges that since at least 2008 Volkswagen represented and sold certain models as "clean diesel engine", but "they were not clean."
The CEO of the German car maker has publicly apologized for misleading the public in selling cars that were able to outsmart official emissions test and register lower numbers during testing but when, in fact, the cars were driven on the road, they could emit the pollutant nitrous oxide as much as 40 times over the legal limit. That pollutant is a reactive gas that combines with volatile organic compounds in the atmosphere to produce ozone and its emission is regulated by the U.S. Environmental Protection Agency (EPA). The EPA uncovered the scheme to the public days ago and is now reportedly conducting a full investigation. Fuel mileage increases also were impacted by these emission control devices, according to the complaint.
Dorn of Cook County, Illinois, and Haralovich of Monroe County, Indiana, contacted Clifford Law Offices to file a lawsuit on their behalf as well as all others similarly situated, which is said to be as many as a half million cars owned and leased in the U.S. Dorn purchased a new 2013 Jetta and Haralovich purchased a new 2010 Jetta, both relying on the "clean diesel engine" aspect of the cars that were touted as "green" cars and environmentally friendly vehicles. They both still own the vehicles but said they would not have purchased the cars or would have paid much less had Volkswagen not advertised that feature prior to the sale.
The 20-page complaint filed in the Northern District of Illinois in Chicago specifically alleges violations of the Clean Air Act and EPA regulations. It goes on to state that Volkswagen "intentionally designed the 'defeat device' into the software" and that it was not revealed nor was it discoverable by any buyer or user of the car. The complaint also alleges fraudulent concealment by VW, violations of the Illinois Consumer Fraud statute and violations of the Indiana Deceptive Sales Act.
"When the software in the Affected Vehicles' electronic Control Module ('ECM') detects environmental and vehicle parameters that resemble an emissions test, the ECM activates the pollution control devices installed on the car to enable an emissions test to be passed," the complaint alleges. When the emissions tests are not triggered, the emission control devices on the cars are partially turned off and bypassed, the complaint goes on to say.
Specifically, the complaint mentions that this software has been installed on models between 2009 to the present on the Jetta, the Jetta Sportwagen, the Golf, the Golf Sportwagen, the Audi A3, the Beetle, the Beetle Convertible and the Passat. The EPA has recalled all of these vehicles for the years in question.
"Once again, we are privileged to represent consumer interests against corporate wrongdoing," said Robert A. Clifford, founder and senior partner at the firm. "Our firm has developed a reputation for complex litigation, and consumer class action matters in particular. We have always been an advocate for consumers."
Clifford recently was selected as co-lead counsel in the defective Pella windows class action matter in federal district court in Chicago. He also has a number of other class action cases including representing dozens of people involved in the General Motors faulty ignition issue. He was named this month as the 2015 top Mass Tort/Class Action lawyer in the Chicago metropolitan area by Best Lawyers, one of the top peer-review legal groups in the country.
The complaint alleges that the amount of harm to some half million potential plaintiffs exceeds $5 million.
To find out more about the case or to file an informational report with the law firm, go to www.CliffordLaw.comor email
For further information, please contact Clifford Law Offices Communications Partner Pamela Sakowicz Menaker at 847-721-0909.

Kevin Durkin Co-Authors Article for ABA Tips From the Trenches

Kevin P. Durkin, partner at Clifford Law Offices, co-authored an article entitled "Building Your Case for the Jury" for the American Bar Association Section of Litigation. The ABA Litigation News recently published the article online, adapting it from a longer piece the two wrote for the Spring 2010 Issue of Litigation magazine. The original publication is mailed to some 60,000 attorneys across the country. In the article, Durkin writes about the enormous importance of mock juries and their success in using them prior to trial. Putting together people from the community where the case will be tried can help a lawyer develop the proper theme and test arguments before one's peers. He also wrote about demonstrative exhibits and the need to be visual but not necessarily high tech. He also emphasizes to keep it simple and to be yourself during trial. "Learn from others, but always be yourself" is one of the gems of wisdom. 

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