Chicago Successful Cases Lawyer | Arlington Heights Class Action Lawsuit Fraud & Personal Injury Attorney | Illinois

Chicago Lawyers - Record of Success

The Zimmerman Law Offices, P.C. has a record of successful cases, recovering more than $100 million for victims of car accidents, defective products, medical malpractice and other civil litigation clients.

Attorney Thomas Zimmerman was recently recognized as one of the "Top 40 Illinois Lawyers Under the Age of 40." He has extensive experience fighting for plaintiffs in class action lawsuits, including the case against the book "A Million Little Pieces."

Extensive Experience

Mr. Zimmerman's successful recoveries include:

Class Action to Recover Cellular Phone Fee - $48 million recovery for a statewide Illinois class of businesses and individuals who paid a municipal infrastructure maintenance fee on their cellular phone bills. Through litigation, the Illinois Supreme Court declared the fee to be unconstitutional, and we obtained refunds for cell phone customers from the Illinois municipalities that imposed the fee. In addition to having a plaintiff's class of cell phone customers certified by the court, we also convinced the court to certify a defendant's class of Illinois municipalities, which is notable as it is very difficult and uncommon for a court to certify a defendant's class. Certification of a defendant's class allowed us to recover refunds from all Illinois municipalities in a single lawsuit, rather than having to sue each municipality separately. We included in the class recovery $5.1 million in donations to hospitals for the care and treatment of indigent patients in need of emergency medical treatment in rural areas of the state.
Class Action from Inflated Newspaper Circulation — $31 million recovery for a nationwide class of businesses and individuals who placed advertisements in a newspaper. The publisher charged advertisers a rate that was based upon and related to the publisher's representations as to the newspaper's circulation. However, the publisher significantly overstated the newspaper's circulation for several years, which caused the advertisers to overpay to advertise in the newspaper. Cash refunds were paid to the advertisers to reflect the amount of their overpayment. We included in the class recovery $4.8 million in donations to charities. Class Action for Power Outages - $7.75 million recovery for a statewide Illinois class of businesses and individuals who sustained financial damages due to widespread and prolonged power outages. The outages resulted from the power company neglecting to maintain its transmission and distribution systems, and from placing electric loads on its cables that exceeded the cable's ratings. Thereafter, the company made improvements to its power facilities and distribution systems.
Class Action for Unsolicited Faxes — $4 million recovery for a nationwide class of businesses and individuals who sustained damages resulting from the receipt of unsolicited facsimile advertisements. The defendant's insurance carrier denied coverage for this lawsuit under the defendant's insurance policies. We settled with the defendant with the understanding that we could not recover any money from the defendant's personal assets, but rather we would have to litigate the insurance coverage issue and seek to execute the judgment against the defendant's insurance company. Thereafter, we initiated and pursued a third-party citation proceeding against the insurance company, and through litigation we ultimately recovered the full amount of insurance coverage under the policies. We included in the class recovery $250,000 in donations to charities.
Class Action for Defective Baby Formula — $3.5 million recovery for a nationwide class of Spanish speaking purchasers of baby formula. The instructions for preparation and use printed in Spanish on the product's labeling were incorrect, as they instructed the user to mix two scoops of powder formula with water rather than correctly using only one scoop of powder. As a result, class members purchased and used twice as many cans of formula as they otherwise should have, and some children experienced vomiting and diarrhea. We included in the class recovery a $100,000 donation to a local charity that focuses on serving the nutritional and educational needs of Hispanic children.
Class Action for Consumer Fraud in Book Claiming to Be Non-Fiction Memoir — $2.35 million recovery for a nationwide class of customers who purchased a fictional book while under the impression that the book was a non-fiction memoir. As a result of the misleading marketing, customers bought the book when they would not otherwise have done so, had they known the book was full of embellished and inaccurate depictions of the author's life. The author admitted portions of his book were embellished on The Oprah Winfrey Show.
Class Action for Refund of Surety Bond Premiums — $203,000 recovery for a statewide Illinois class of individuals who had paid a premium in full for the entire first year term of a probate surety bond. Either the amount of insurance protection provided under the bond was reduced from the original bond amount to a lower amount prior to the expiration of the term of the bond or the bond was terminated prior to the expiration of the term of the bond, and the insurance company did not refund any unearned premium for the remaining term of the bond. There was no Illinois law or regulation relating to insurance company accounting requirements for unearned premium directly on point, and this was a legal issue of first impression in Illinois. We analyzed National Association of Insurance Commissioners (NAIC) Statements of Statutory Accounting Principles (SSAP) and Financial Accounting Standards Board (FASB) Statements of Financial Accounting Standards (FAS) that pertain to insurance companies, and we argued that these accounting standards supported our theory that the insurance company had to establish a "reserve" for the unearned premium, such that the unearned premium was not "fully earned" in the first year. We included in the class recovery a $110,000 donation to local charities.
Dental Malpractice from Foreign Object Dropped Down Throat — $41,500 recovery for 35-year-old man who sustained injuries when his dentist, while cleaning the man's teeth, dropped the "hook" off his dental hand piece down the man's throat. The man was hospitalized until he passed the "hook." The man was bleeding out of his anus for several days following his discharge from the hospital, but the bleeding stopped and there is no permanent intestinal damage.
Medical Malpractice for Failure to Diagnose Hemorrhage — $1.3 million recovery for a child whose doctors failed to diagnose and treat his brain hemorrhages. The radiologist failed to diagnose the hemorrhage on the radiology studies of the child's brain, and the pediatrician failed to diagnose the child's hydrocephalus notwithstanding the child's abnormally large head circumference. Subsequent physicians made the proper diagnosis, and surgically placed a shunt system in the child's brain. The delay in diagnosis and treatment lessened the effectiveness of the subsequent surgical treatment, resulting in neurological impairment. Medical Malpractice for Birth Injury - $850,000 recovery for a child injured during delivery due to the failure to timely recognize and treat "fetal distress." The fetal monitoring strips showed there was decreased blood flow to the baby, but the doctor did not perform an emergency cesarean section as required under the obstetrical standards of care. The child sustained functional impairment as a result of oxygen deprivation prior to birth.
Medical Malpractice for Failed Kidney Transplant — $750,000 recovery for 38-year-old woman due to a transplant surgeon's error while performing a kidney transplants. The surgeon sewed the ureter to the patient's peritoneal cavity rather than to her bladder, causing her abdomen to fill-up with two gallons of urine. The fluid collection compressed the renal veins, resulting in the death of the transplant kidney. The woman had the kidney removed, and she went back on dialysis treatments until a new kidney could be implanted.
Medical Malpractice for Failure to Diagnose Cancer — $591,000 recovery for 73-year-old man arising out of a primary care physician's failure to diagnose prostate cancer. The patient's prostate was enlarged and his PSA test results were elevated. The doctor never informed the patient that these findings could be indicative of cancer, and he did not order follow-up tests to investigate the cause of the abnormal findings. By the time the cancer was detected, it had spread to the man's bones. An urologist treated the cancer by surgically removing the patient's prostate and administering a regimen of drugs, and the cancer went into remission. After trial, the jurors stated that they were persuaded to find the defendant negligent in part due to our cross-examining the defendant's retained expert witness with a textbook he authored that contradicted the opinions he rendered in this case.
Pedestrian Hit by Car in Crosswalk — $120,000 recovery for 50-year-old woman who was hit by a car as she crossed the street. The woman experienced neck and shoulder pain which resolved, but her knee pain persisted. She was diagnosed with torn ligaments in her knee. Her knee injuries included chondromalacia patella, which caused her pain when sitting for prolonged periods and when walking down stairs. She underwent knee surgery, but continued to experience intermittent pain in her knee following the surgery.
Personal Injuries from Train Accident — $51,000 recovery for 28-year-old man who sustained a knee injury when the train on which he was riding collided into another train. The force of the impact threw him to the floor, and he landed on his knee. His knee injuries included chondromalacia patella, which caused him pain when sitting for prolonged periods and when walking down stairs. He underwent knee surgery and recovered fully from his injuries.
Personal Injuries from Fall on Bus that Slammed on Brakes — $45,000 recovery for 53-year-old woman who sustained injuries while riding a bus that suddenly stopped. The force from the stop caused her to fall on the floor and be thrown into the front panel of the bus. The woman sustained painful injuries to her head, lower back and hips, which ultimately healed.
Personal Injuries from Slippery Floor — $40,000 recovery for 56-year-old man who sustained soft tissue injuries when he slipped and fell on his kitchen floor after the cleaning service improperly used wax on the floor. The cleaning service disregarded the family's prior request to use only water on the floor, following the man's daughter having slipped on the wax some months earlier. He sustained muscle spasms and pain in his neck and shoulders, for which he obtained chiropractic care.
Personal Injuries from Automobile Accident — $26,000 recovery for 43-year-old man who sustained soft tissue injuries when a driver of another car failed to stop at a stop sign and collided into his car. He experienced muscle spasms in his neck and upper back, resulting in pain and decreased range of motion. The man obtained medical care and took pain medication for several months before recovering fully from his injuries. After trial, the jurors stated that they believed the man to be credible, because he did not try to exaggerate the nature and extent of his injuries.
Pharmacy Malpractice from Flu Shot — $55,000 recovery for 59-year-old woman who was injured when a pharmacist injected a flu vaccine into the wrong spot on the woman's shoulder. The improper injection caused inflammation and tendinitis in an area near her rotator cuff, resulting in pain and decreased strength and range of motion. She required medical treatment and physical therapy to her shoulder. A portion of the money was paid to compensate her husband for his loss of care and companionship while his wife was recovering from her injuries.
Premises Liability for Fall in Front of Restaurant — $1 million recovery for 70-year-old woman who fell in front of a restaurant when she tripped over a jagged metal post which was set into the concrete pavement and elevated approximately two inches vertically above ground level. The post was the remnant of an old canopy that was cut down by the restaurant owner who did not want to spend the money to completely remove the post, but instead placed a flower planter next to the post to obscure it. The woman sustained broken bones, bruises, lacerations, internal injuries, aggravation of her preexisting cardiac condition, and a permanent paralysis to her right arm and hand, and she now uses a walker to compensate for the weakness in her right leg. She also continued to experience headaches as a result of hitting her head when she fell.
Premises Liability / Toxic Tort for Exposure to Mold — $460,000 recovery for several elementary school students who were exposed to toxic mold and elevated levels of carbon dioxide in a "sick building." The school was built on a wetland and flooded. Aspergillus, penicillium, mucor, rhizopus and stachybotrys mold grew in the school due to incomplete drying of carpets following the flooding, and the mold grew on ceiling tiles from leaking pipes. Inadequate heating, ventilation and air conditioning (HVAC) systems caused elevated carbon dioxide levels in the indoor air. The children's injuries included allergic reactions, ear and sinus infections, rashes, strep throat, chronic headaches and fatigue, eczema, and exacerbation of asthma.
Product Liability for Defective Drug — $1 million recovery for a child whose mother was administered epinephrine during her pregnancy. The drug constricted the mother's uterine blood vessels which decreased the oxygen to the fetus, resulting in neurological impairment. The complex medical issues included pharmacology, neurology, radiology and obstetrics, so we developed a video animation for the jury to demonstrate precisely how the drug affected the mother's circulation and the resulting effect on the fetus' circulation and brain tissue.
Product Liability for Defective Hip Prosthesis — $475,000 recovery for 66-year-old man who had a defective prosthetic hip implanted. The defect was caused by a certain part on the prosthesis that would rapidly wear out and disintegrate. The patient had to undergo a second surgery to remove the defective prosthesis and implant a different device, as well as additional medical treatment and physical therapy. The device manufacturer has since recalled the product.
Shareholder Files Derivative Action against Majority Shareholder — $157,000 recovery for minority shareholder in privately held company. Representing the minority shareholder, we sued the majority shareholder in a derivative action for breach of fiduciary duty, misappropriation of funds and self-dealing. We convinced the court to appoint a receiver to take control of the company's operations and perform a forensic accounting of the company's income and expenses. In order to end the litigation, the majority shareholder purchased all of the minority shareholder's stock in the company, paid our attorney's fees, and compensated the minority shareholder for the damages he sustained as a result of the majority shareholder's alleged misconduct.
Wrongful Death from Failure to Diagnose Angina — $2.2 million recovery for the family of a 36-year-old man arising out of a primary care physician's failure to diagnose angina. The patient told his doctor he was having pain in his arm and shoulder. The doctor wrongly diagnosed it as a musculoskeletal problem, and he did not perform a cardiac examination or order any diagnostic tests. The man had a heart attack and died days later. We retained a handwriting expert who determined that the doctor altered his medical records after the patient died by writing in the records that he performed a cardiac examination on the patient, including fictitious results intending to show that the concocted cardiac examination was normal. The jury reduced the $4.5 million verdict by 50% to account for the patient's comparative negligence in failing to seek treatment the night before he died, when he awoke in excruciating pain.
Wrongful Death from Improper Cancer Treatment — $1.7 million recovery for the family of a 40-year-old woman arising out of a surgeon's negligent resection of a cancerous stomach tumor, which caused the cancer to "seed" in her bloodstream and spread throughout her body. The surgeon committed further negligence by failing to order appropriate tests when the patient complained the following year of pain in the area of her liver and having fresh blood in her stool, which are symptoms of liver involvement. Subsequently, an oncologist diagnosed metastatic liver cancer which originated from the stomach tumor, and the woman died.
Wrongful Death from Automobile Accident — $1.3 million recovery for the families of two children killed in a van rollover. The driver of the van was traveling at 95 mph when the accident occurred, which complicated our "design defect" case against the automobile manufacturer. We obtained a protective order from the court so the van could not be altered, and our experts inspected the van and surrounding area to reconstruct the accident. As a result, our experts were able to opine that the van was defective in that it was designed with a lack of crashworthiness of its occupant compartment, which caused the passengers to be ejected from the van during the rollover.

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NOTE: Past results are no guarantee of future results. Each case must be decided on its own facts and merits.