Verdicts & Results - Robert P. Vogt

Robert P. Vogt
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O’Donnell v. Dental Corporation
Circuit Court of Cook County, Law Division
Judge Elizabeth Budzinski
Dental Malpractice
December 12, 2012
$95,000.00
NOT GUILTY
The plaintiff alleged that the defendant general dentist did not comply with the standard of care during a bridge removal procedure because a portion of the bridge aspirated into the plaintiff’s lung. The plaintiff’s expert stated that the standard of care required the defendant to use either a gauze throat screen or a rubber dental dam to protect the plaintiff’s throat. The plaintiff’s expert was impeached numerous times on the stand. After deliberating for 70 minutes, the jury returned a “Not Guilty” verdict.

Robert P. Vogt
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Vinci v. Nursing Home
Circuit Court of Cook County
Judge Michael Panter
Nursing Home/Long Term Care Negligence
November 30, 2012
$95,000.00
SUMMARY JUDGMENT GRANTED
The plaintiff patient was assaulted by another patient. Summary Judgment was granted to the defendant nursing home finding that no duty was owed by the defendant.

Robert P. Vogt
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Stanbridge v. Dentist
United States District Court, Central District of Illinois
Judge Sue E. Myerscough
Dental Malpractice
May 23, 2012
$100,000.00
NOT GUILTY
The Inmate plaintiff asserted that his civil rights were violated by the defendant dentist’s alleged negligent care.

Robert P. Vogt
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Healy v. Corporation/Convenience Store
Circuit Court of Will County
Judge Garrison
Premises Liability
November 27, 2006
$200,000
$25,000
NOT GUILTY
The plaintiff alleged that while he was a customer at a convenience store in Lockport, Illinois, he stepped over a snow pile, slipped on ice, and fractured his ankle. The plaintiff alleged that the defendant had improperly piled snow on the perimeter of the parking lot and failed to replace a missing gutter downspout, which allowed ice to form across the parking lot. It was the plaintiff's position that the ice on the defendant's lot was an "unnatural accumulation" and therefore, the defendant was liable for the plaintiff's injury. The defense denied that the snow was improperly piled and that the missing downspout contributed to any ice on the parking lot. The jury returned a “Not Guilty” verdict in favor of the defendant.

Robert P. Vogt
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Calhoun v. Correctional Medicine
United States District Court
Judge Guzman
Deliberate Indifference
June 30, 2003
$100,000-$1,000,000
NOT GUILTY
The plaintiff alleged that he tried to pre-verify his medications with the Kane County jail staff but that his efforts were refused. The plaintiff claimed that he suffered a "panic attack" because he was not provided with his medication in a timely manner. The defense denied that the plaintiff had a constitutional right to pre-verification of his medications and that the plaintiff's panic attack was a result of his facing a 120 day jail sentence.

Robert P. Vogt
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McCann v. Dentist
Circuit Court of Kane County
Judge Brown
Dental Malpractice
March 3, 2003
$950,000.00
$22,000 for Plaintiff (after 49% contribution of plaintiff)

Robert P. Vogt
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Shadwell v. Physical Therapist
Circuit Court of Will County
Judge Garrison
Medical Malpractice
November, 2002
$1,000,000
NOT GUILTY
The plaintiff alleged that the defendant, a physical therapist, required her to perform active range of motion exercises during a physical therapy evaluation following her rotator cuff surgery. The plaintiff alleged that this motion to her arm caused her rotator cuff to re-tear. The jury returned the verdict in favor of the defendant.

Robert P. Vogt
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Hare v. Correctional Medicine
Circuit Court of Kane County
Judge Nottolini
Civil Rights; Correctional Malpractice
May, 2002
$501,500.00
$229,500.00 after 49% off $540,00.00 v. both defendants ($100,000.00 pain and suffering; $50,000.00 disability; $300,000.00 pecuniary loss).
The defendant contracted with the Kane County Jail to provide medical services to the inmates at the jail. The defendant was the company's Kane County Jail Administrator. The plaintiff was an inmate at the jail and suffered from chronic liver disease, Hepatitis C and was HIV positive. During a 32-hour period, she sought medical care five times from nurses, once complaining of vomiting. The plaintiff was found comatose about five hours after her last visit to the nurse. She died two days later without having regained consciousness. The defense contended the nurses adequately responded to the plaintiff's series of complaints and that it appeared her vomiting had resolved. The defense also argued that the plaintiff’s death was the result of chronic liver disease and history of drug and alcohol abuse rather than a recent illness.

Robert P. Vogt
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Estate of Crystal Monique Nelson v. Correctional Medicine
Circuit Court of DuPage County
Judge Elsner
Medical Malpractice
April, 2002
$1 Million
NOT GUILTY
The plaintiff’s decedent was serving a 60-day sentence for forgery at the DuPage County Jail. She was six months pregnant. She alleged that during the evening, she complained to the jail nurse that she was experiencing nausea and discomfort but the nurse failed to provide any medical assistance. At 11:30 a.m., she complained of labor pains and contractions and was immediately transferred to Central DuPage Hospital. When she arrived at the hospital, she and fetus were both in stable condition. While there, her water bag was ruptured by the ob/gyn and she suffered a significant placental abruption. An emergency C-section was performed and child was born at 26 weeks gestation and died 49 minutes after delivery despite resuscitation efforts. The defense argued that the plaintiff’s decedent did not make any complaints to any jail medical staff until 11:30 p.m., when she complained of contractions. There was no evidence, other than her testimony, that any prior complaints were made. The defense contended the baby died due to the placental abruption which took place at the hospital. The jury returned its verdict within 20 minutes after beginning of deliberations.

Robert P. Vogt
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Smith v. Medical School Clinic, Obstetrician (Agent)
Circuit Court of Lake County
Judge Goshgarian
Medical Malpractice
June 25 to July 14, 2001
$40 Million
NOT GUILTY
The plaintiff alleged that the profoundly brain damaged baby was injured during the labor and delivery process and if delivered earlier would have been a normal baby. Allegations included failure to monitor the baby's well being and failure to deliver the baby timely by either forceps or caesarian section. The defense asserted that there was no negligence despite the outcome.