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Many of the firm’s cases receive media attention, as reporters highlight the attorneys’ successes in getting top results for their clients.
In addition, while the firm is careful to respect each client’s privacy concerns, it regularly works with plaintiffs who want to focus public attention on their case to insure that the corporate conduct that led to their injury is not repeated.
The firm’s work has appeared in leading newspapers and magazines around the country and has been the basis for several national journalism awards. Below are several excerpts of recent articles:
1/11/11 Chicago Area Patients Sue Makers of Defective Hip Implant
Five patients who received an artificial hip implant manufactured by DePuy Orthopaedics Inc. are seeking damages from the company, a division of Johnson & Johnson. In a lawsuit filed today, the plaintiffs accuse DePuy of inadequately testing their Articular Surface Replacement (ASR) implant, ignoring evidence that the device was flawed and moving too slow to recall the defective artificial hip, leaving patients exposed to serious and unnecessary physical and financial harm.
"These patients thought they were lucky to receive a state-of-the-art implant that was going to make their lives easier and ease their pain," said Chicago Attorney Frank Morrissey, representing the plaintiffs.
"What they didn't know is that the device was manufactured by a company that turned its back on physicians, patients and the public. As reports rolled in from doctors around the globe trying to warn the company about the problems with their device, DePuy failed to take action, and now these families face tremendous physical, emotional and financial hardships as a result of that irresponsible conduct."
1/09/11 Radio AM 750, The Legal Forum, "Medical Malpractice."
Guest Speaker: Elizabeth Kaveny
12/07/10 “Elizabeth Kaveny joins personal-injury firm Burke, Wise & Morrissey” by Ameet Sachdev, Chicago Tribune.
Elizabeth Kaveny was the only woman at her first law firm. Twenty years later, she’s joining a new personal-injury firm and will be again be the only female lawyer in the office. But this time her name will be on the door. Kaveny on Monday officially combined her personal-injury practice with Burke, Wise & Morrissey, a three-person firm that also represents plaintiffs in medical malpractice cases. Her name will follow those three. Read More »
10/19/08 “$10M malpractice payout” by Shamus Toomey, Chicago Sun-Times.
In 2003, Shawn Luera was a 33-year-old vice president at one of the country's largest information technology staffing firms. He had a heart valve condition which led to an infection in his heart that doctors affiliated with Northwestern Memorial Hospital repeatedly misdiagnosed. The infection led to a stroke that left Luera with severe physical and mental disabilities. Luera settled his malpractice lawsuit against the groups representing the doctors, receiving $10.2 million that will be used to continue his rehabilitation and search for other ways for him to recover.
9/23/08 “$5.5M payout for birth injury” by Pat Milhizer, Chicago Daily Law Bulletin.
A Cook County jury awarded $25 million to the family of a boy severely injured at birth, but the judgment was reduced to $5.5 million due to three separate high-low agreements reached before the verdict. "The verdict truly represented the magnitude of the child's injuries," said the family's attorney, Kevin G. Burke. "Fortunately, we were able to secure a strong financial foundation for this child through the high-low agreements."
07/09/08 “$9.75M for mom of oxygen-deprived baby” by Shamus Toomey, Chicago Sun-Times.
A west suburban mother whose daughter suffered a severe brain injury during childbirth settled her lawsuit with Northwestern Memorial Hospital for $9.75 million. Rosa Lopez said her nearly 10-year-old daughter will use the settlement for expanded therapy sessions and to continue her search for ways to battle the oxygen-deprivation injury. The family’s lawyer Kevin Burke said the injury occurred after doctors administered the drug Pitocin too aggressively, causing strong contractions that were too close together. The result was damaged brain tissue from oxygen deprivation.
07/09/07 “$5M to fitness tragedy who's 'prisoner in his own body'” by Steve Patterson, Chicago Sun-Times.
For nearly three days, Herb Tinney lay on his basement floor, paralyzed and unable to answer the phone or get anyone’s attention for help. The 68-year-old exercise fanatic had slipped from the rotating exercise table he used every day and crashed head-first to the floor. He is paralyzed from the shoulders down, his vertebrae shattered in the fall. He has spent virtually every day in a wheelchair or in bed at a nursing home. The company that made the machine and the Westmont fitness group, STL International and the Fitness Experience, respectively – agreed to pay $5 million in a negligence lawsuit. The lawfirm of Burke, Wise and Morrissey noted that they found no medical reason for people to use machines such as the Teeter Hang Up used by Tinney when he fell. A pin that was supposed to lock Tinney’s ankles into place didn’t, and when Tinney went upside down, it slipped loose and he tumbled to the ground.
04/25/06 “$6.1 mil. settles construction death” by Steve Patterson, Chicago Sun-Times
Ryan, 7, and Justin, 4, have been without their dad since 2002, when he was crushed to death in a construction accident on an airport taxiway. Daniel Hupe was pouring concrete at the front of a cement truck – a blind spot for the driver – but he waved to the driver to indicate his position before kneeling down. The driver never saw Hupe and drove the 60,000-pound truck over him. “People in the construction industry know there are these enormous blind spots on these trucks” said Kevin G. Burke, the family attorney, “Yet there is no flagman, no mirrors on the front of the truck, no beeping system, nothing to make sure it’s safe.”
03/13/05 “’I wanted to work for the little guy’; Lawyer wins string of huge medical malpractice suits” by Jim Ritter, Chicago Sun-Times
In the last 13 months, Kevin G. Burke has won $104 million in settlements in medical malpractice cases. In one of his biggest cases, Kevin won a $34 million settlement from St. Francis Hospital for a 7-year-old boy who suffered brain damage, allegedly as a result of a mishandled birth at the hospital.
01/03/05 “Long on docs’ side now he sues them” by Sarah A. Klein, Crain’s Chicago Business
Kevin G. Burke is emerging as a new leader among Chicago’s powerful medical malpractice plaintiff’s lawyers. He has an advantage over his competitors: his eight years spent defending doctors and hospitals. Burke states “It’s in the [physician’s] thinking process you understand what is a true negligence case and what is not.” His cases are “built by walking juries through the steps a doctor or nurse should have taken”
Guest Speaker, Sky Radio Interview
“Special Tribute to America’s Best Lawyers”,
1:00 CST, Broadcast on “Forbes Radio” Channel, American
Airlines, January 13, 2005.
Guest Speaker, WKKC Radio 89.3
Medical Malpractice Interview, November 23, 2004, 7:00 p.m.
10/22/04 “Record award to boy hurt in birth: $32 million verdict
to go for his care” by Mickey Ciakajlo, Chicago Tribune.
A Cook County jury returned a $32 million verdict in favor of a 7-year-old
boy who was severely injured at birth and will likely never walk, talk
or eat. The verdict is the highest birth injury verdict on record in
the county. The money will be placed in a court-supervised trust and
go toward Tairay Sewell’s life-long care, including frequent physical
therapy, his attorney Kevin Burke said.
04/27/04 “Disabled boy’s family get $15 million in settlement”
by Steve Patterson, Chicago Sun-Times.
Brain damaged with chronic seizures, 5-year-old Douglas Duvall has
limited movement and won’t ever be able to function on his own.
Five years after he was injured during delivery at Evanston Hospital, his parents have agreed to a $15 million settlement of their medical negligence lawsuit.
Records show Eric and Heather Duvall were set to become parents of a healthy baby, even after she went into labor on Feb. 16, 1999. “But around 3 a.m. warning signs started,” said Duvall’s attorney, Kevin Burke. The physician monitoring Duvall failed to get the physician and failed to call Duvall’s obstetrician at home. “It wasn’t that the warning signs were unseen, because they were. But they were underreported.”
The Duvalls said the settlement will allow them to provide for Douglas more comfortably, giving him equipment and staffing he needs. “No amount of money will give Douglas his health back,” Eric Duvall said. “We’d gladly trade all of it so he could have that.”
02/21/04 “Family of boy disabled at birth to get $35 million”
by Patrick Rucker, Chicago Tribune.
A 5-year-old boy who suffered a severe brain injury during birth
while his mother’s attending anesthesiologist was allegedly in
the company of a hospital nurse was awarded $35 million in a record
settlement.
The settlement was ordered by Judge Dennis Burke on the advice of a court-appointed guardian for the child, Andrew, “A.J.” Arkebauer. The three-week trial had ended a day earlier, and the jury had just begun deliberating when the settlement was announced.
“We’re relieved to know that A.J. will be taken care of even when we’re gone,” his mother Evelyn Arkebauer, said. “It gives us tremendous peace of mind not to have to worry about him when we’re not here.”
The decision was the largest settlement or award in a lawsuit involving a brain injury at birth.
12/21/03 “Woman burned during surgery to collect $6 mil.
from hospital”, by Jim Ritter, Chicago Sun-Times.
Kathleen Osberger was having minor surgery to remove two moles from
her forehead when a fire suddenly erupted above her face causing burns
from her forehead to her chin, with serious damage to her nose and lips.
She has had nine surgeries and has two or three to go.
“This has been a total devastation and overwhelmed my daily living,” she said.
Weiss Memorial Hospital in Chicago agreed to pay Osberger $6 million to settle her malpractice suit.
Osberger, a psychotherapist, said she has not been able to return to work. She plans to give some of her award money to charity but hasn’t decided how she’ll spend the rest.
10/02/03 “Woman injured in surgery gets $19 million jury
award” by Mickey Ciokajlo, Chicago Tribune.
A Cook County jury awarded $19 million to a Northbrook woman
who had a stroke, developed a flesh-eating infection and lost fingers
and toes following complications from outpatient surgery, her lawyer
said.
During a 1998 surgery to have an ovarian cyst removed, doctors punctured the woman’s bladder. The puncture wasn’t diagnosed for two days, leading to an infection and complications. The woman’s attorney, Kevin Burke, said that the inadvertent puncturing of Phillip’s bladder did not violate medical care standards, but failing to see it, both during the operation and later when the woman complained of pain, was negligent.
"Patients can’t expect doctors to be perfect," Burke said. "But they should be able to expect that a physician will recognize a mistake and then work to correct it."
04/02/03 “Pedestrian death yields $3.2 million jury verdict”
by Kelley Quinn, Chicago Daily Law Bulletin.
A Cook County jury returned a $3.2 million verdict in a wrongful-death
case lawsuit for a 69-year-old woman who was killed when she was struck
by a school district van. This verdict is the highest gross award in
a wrongful death suit involving a female over age 60. Katherine Lecat
was out for a morning walk when she was hit from behind by a van owned
by Wilmette School District No. 39. The jury returned a $4 million verdict,
but reduced the amount by 20 percent because Lecat was outside of the
crosswalk when she was hit. Kevin Burke and David Wise represented Ms.
Lecat.
02/23/03 “Electrician gets out-of-court settlement”
by Rex Robinson, Daily Southtown.
Laura Salihar-Wurl has been awarded a $1.5 million settlement after
she injured her knee by slipping on grease and water. Salihar-Wurl,
an electrician, slipped on a stair bridge and injured her left knee
when she was working on the roof of Otto & Sons, a company that
produces bacon for McDonald’s restaurants.
The December, 1996 accident ended her career as an electrician because she is no longer able to carry heavy equipment or go up a ladder. Dave Wise represented Ms. Wurl.
12/05/02 ”Hospital settles suit filed over 1983 birth;
$19 million to help mom, disabled teen” by Mickey Ciokajlo, Chicago
Tribune
In 2000, 17 years after her son was born with severe cerebral palsy
Patricia Townsend filed a negligence lawsuit on his behalf. Kevin Burke,
of Chicago, along with Charles Francis of Raleigh, North Carolina represented
the Townsends.
After a month long trial, a jury returned a $20.25 million verdict against Little Company of Mary Hospital. Under an agreement reached during jury deliberations, both sides settled the case for $19 million.
Patricia Townsend said the money will allow her to hire help to assist with caring for Damen, 19.
05/17/02 “Ex-model, doctors settle for 17.5 mil.”
By Abdon M. Pallasch, Chicago Sun-Times.
Doctors at Northwestern Memorial Hospital agreed to pay a $17.5 million
settlement to a former model who is now paralyzed.
On June 4, 1998 Elizabeth Riley went to Northwestern’s emergency room complaining of a horrible headache, a stiff neck and vomiting. The doctor sent her home, advising her to take Motrin and Tylenol for the pain. Ten days later, the aneurysm ruptured, causing a stroke that left her partially paralyzed. Her memory and cognitive abilities are also severely impaired.
Kevin Burke acted as co-counsel for Ms. Riley.
On the eve of closing arguments, the emergency room doctors agreed to pay a $17.5 million settlement.
10/07/02 “Family to get $6 million in case of injured
baby” by Dan Campana, Sunday Chronicle.
In 1993, Melinda Eilers went to Kishwaukee Community Hospital to deliver
her son, Nicholas. During the delivery, the baby’s heart rate
dropped and her physician, Dr. Paul Dubrick, attempted to remove the
baby with a forceps. After the forceps didn’t work, Dubrick ordered
a Caesarean Section. Melinda was a hemophiliac, and Dubrick claims he
ordered blood to be used during the procedure. The hospital’s
blood bank said that it never received the request. During the 45-minute
wait for the frozen blood to be thawed, Nicholas suffered brain damage
that left him unable to walk, talk or see.
Kevin Burke, representing Melinda Eilers, reached a $6 million settlement with the hospital representatives. This amount is believed to be the largest civil settlement in Dekalb County.
09/23/02 “5.5 mil. to man hit by truck; he lobbies for
use of safety device” by Art Golab, Chicago Sun-Times.
Martin Munoz agreed to a $5.5 million settlement after being struck
by a truck whose driver couldn’t’ see him over the extended
nose of his vehicle. Munoz lost a leg and use of an arm after being
hit. Munoz had been walking home when he tried to cross the street.
He caught the eye of the driver before walking around the truck, but
just as he stepped in to the driver’s blind spot it accelerated
and ran over him. Had the truck used one of the two collision avoidance
systems now commercially available, the accident could have been prevented.