Donohue Brown Mathewson & Smyth LLC

DBMS Partner David K. Duffey Has Been Named to Law Bulletin Media's "40 Under Forty" List Each year since 2000, the Law Bulletin Publishing Company has recognized 40 attorneys in the state of Illinois, under the age of forty, who have demonstrated that they are among the best young lawyers in the state. What does it take to earn recognition as one of the brightest young members of the state’s bar? According to the publishers of “40 Under Forty”, “[i]ntelligence, passion, success in the office, a desire to help community and, most importantly, a willingness to work hard at one of the country’s most important professions.” This year, the Law Bulletin Publishing Company received over 1,000 nominations for the 40 Under Forty recognition, from attorneys throughout Illinois. Donohue Brown Mathewson & Smyth is exceptionally proud of partner David K. Duffey for being recognized as one of this year’s 40 Under Forty Illinois Attorneys to Watch. David specializes in defending medical malpractice and professional liability claims. One nominator praises David for his deep understanding of medical issues, noting, “David's knowledge of medicine and his ability to simplify complex concepts for a lay audience make him an invaluable asset to his clients. His approachable demeanor allows him to engage in conversations with witnesses rather than conducting formal examinations.” Another nominator highlights David’s professionalism, saying, “David is patient and consistently professional, no matter how challenging opposing counsel may be. I am always confident that when David is involved in a case, it will be handled with expertise and integrity. He is truly a pleasure to work with.” The lawyers at Donohue Brown couldn’t agree more and we congratulate David on this well-deserved honor! David Duffey

DBMS Obtains a Defense Verdict in Cook County A Cook County jury returned a defense verdict in favor of a gastroenterologist and her professional corporation represented by Kent Mathewson and Mike Lustig. The patient was diagnosed with stage IV colon cancer with metastasis to the liver one year after a colonoscopy was performed by the defendant. The cancer further metastasized to her brain and she died just before her 65th birthday less than four years later. The suit brought by her surviving husband alleged the gastroenterologist was negligent in failing to detect a large lesion during the initial colonoscopy. The defense argued that she met all indicia of a quality procedure and the colonoscopy was careful and thorough in meeting the standard of care, and that there is a recognized incidence of false negatives with colonoscopy. The plaintiff requested in excess of $12.8 million in damages. Kent Mathewson, Michael G. Lustig

Four DBMS Attorneys Recognized as Best Lawyers®: Ones to Watch in 2025 Donohue Brown Mathewson & Smyth is proud to announce that six of the firm’s attorneys have been included in Best Lawyers: Ones to Watch in 2025. Best Lawyers: Ones to Watch awards recognize extraordinary lawyers who have been in practice for less than ten years in the United States. Like traditional Best Lawyers awards, a Best Lawyers: Ones to Watch recognition is based entirely on an exhaustive peer-review process. The Donohue Brown attorneys who have been identified as Best Lawyers: One to Watch, and their recognized areas of practice, are: - David K. Duffey - Legal Malpractice Law, Medical Malpractice Law – Defendants and Personal Injury Litigation – Defendants - Ashley E. Dus - Medical Malpractice Law – Defendants - Laura C. Ieremia - Medical Malpractice Law – Defendants and Personal Injury Litigation – Defendants - Scott J. Kater - Legal Malpractice Law and Medical Malpractice Law – Defendants Best Lawyers’ methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical region and legal practice area. Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services provided by attorneys recognized in the Best Lawyers publications. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” David Duffey Scott Kater Ashley Dus Laura Coffey Ieremia

DBMS Attorneys Recognized in The Best Lawyers in America® 2025 Donohue Brown Mathewson & Smyth is proud to announce that thirteen of the firm’s attorneys have been selected by their peers for inclusion in The Best Lawyers in America 2025. Those thirteen attorneys, and their recognized areas of practice, are: -     Sherri M. Arrigo - Medical Malpractice Law – Defendants -     Stetson F. Atwood - Medical Malpractice Law – Defendants -     Michael J. Borree - Medical Malpractice Law – Defendants -     Mark H. Boyle - Product Liability Litigation – Defendants -     Donald J. Brown, Jr. - Legal Malpractice Law – Defendants -     Mark M. Burden - Medical Malpractice Law – Defendants -     Thomas W. Cushing - Product Liability Litigation – Defendants -     Karen K. DeGrand - Appellate Practice and Medical Malpractice Law – Defendants -     Richard H. Donohue - Medical Malpractice Law – Defendants -     Ed E. Fu - Product Liability Litigation – Defendants -     Timothy L. Hogan - Product Liability Litigation – Defendants -     J. Kent Mathewson - Medical Malpractice Law – Defendants -     Robert W. Smyth, Jr. - Medical Malpractice Law – Defendants Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. More than 116,000 industry leading lawyers are eligible to vote (from around the world), and more than 17 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2025 edition of The Best Lawyers in America®, more than 12.2 million votes were analyzed, which resulted in more than 71,000 leading lawyers honored in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

Mark M. Burden Receives the Best Lawyers® 2025 “Lawyer of the Year” Award Donohue Brown Mathewson & Smyth is proud to announce that Mark M. Burden has been honored as the Best Lawyers® 2025 “Lawyer of the Year” in Chicago for Medical Malpractice Law – Defendants. This prestigious award is given to the lawyer with the highest overall peer feedback in a specific practice area and geographic region. Only one lawyer per area of focus and location is recognized as "Lawyer of the Year," making this an exceptional achievement. Mark Burden

DBMS Obtains Defense Verdict in Cook County Kent Mathewson and Mike Lustig received a defense verdict following a jury trial in the Circuit Court of Cook County where they represented an ophthalmologist who was alleged to have negligently treated a patient in the emergency department at a local hospital. The patient had a pre-existing significant visual impairment in his companion eye when he presented with sudden total vision loss in his good eye. The patient was correctly diagnosed with a central retinal artery occlusion. Plaintiff alleged the defendant ophthalmologist should have recommended the use of tPA to eliminate the occlusion and restore blood flow to the retina. Through expert testimony, the defense demonstrated that tPA was not proven effective, was not within the standard of care for an ophthalmologist, and it was unclear this patient would have been an appropriate candidate for tPA therapy. The plaintiff had requested $3.5 million in damages. Kent Mathewson Michael G. Lustig

DBMS Obtains a Not Guilty Verdict in Cook County On July 22, 2024, DBMS attorneys David Duffey, Mark Burden, and Mason Kienzle received a not guilty verdict in a medical malpractice case in Cook County. DBMS’ attorneys represented a local hospital. The patient, a 38-year-old male, filed suit after suffering a fall from a hospital bed. Plaintiff alleged that the care provided by nurses at the hospital fell below the standard of care and that the hospital failed to maintain adequate policies to address the risk of patient falls. The patient claimed that the fall caused an aggravation in physical and emotional/mental health problems. At trial, DBMS’ attorneys presented expert testimony demonstrating that the nurse providing care to the patient complied with the standard of care and that the hospital had appropriate policies to address the risk of patient falls. Additionally, DBMS’ attorneys presented expert testimony demonstrating that the patient's ongoing physical, emotional and mental health issues pre-existed and were not exacerbated by the fall from the bed. After plaintiff's attorney requested an award of $8.3 million, the jury returned a verdict in favor of the hospital in a little over one hour. Mark Burden David Duffey Mason Kienzle

Thank you to our sponsors for the 28th Annual WBAI Golf Outing on Friday, August 2, 2024. We appreciate your generous support! 💫WBAI Premiere Sustaining Partner💫 Clifford Law Offices 💫WBAI Prestige Sustaining Partners💫 Cassiday Schade LLP Romanucci & Blandin, LLC Wallace Miller 💫Exclusive All Cart Sponsor💫 Veritext Legal Solutions 💫Cocktails and Awards Reception Sponsor💫 Stout 💫Course Beverage Sponsor💫 Rothrock Settlement Consulting 💫Beverage Cart Sponsors💫 Cogan & Power, P.C. Waterville Advisors 💫Golden Tee Lunch Sponsor💫 Milestone 💫Mulligan Sponsor💫 U.S. Legal Support 💫Warm Up, Wine Down Game Sponsor💫 Planet Depos 💫Exclusive Hole Sponsors💫 Magna Legal Services Prindable Settlements Tomasik Kotin Kasserman, LLC 💫Hole Sponsors💫 ADR Systems Advocus National Title Insurance Company Decalogue Society of Lawyers Deposition Crew Donohue Brown Mathewson & Smyth LLC Expert Institute FindLaw Gomolinksi Mediation Kaveny + Kroll Trial Lawyers Lexitas Mammas Goldberg Vanderporten McCorkle Litigation Services, Inc. National Record Retrieval, LLC Robert Half Schroeder MD Regenerative Orthopedics (SRO) Tully & Associates Ltd. U.S. Legal Support 💫Print Sponsor💫 Verity Group #WBAI #golfouting #WBAIGolfOuting2024 #glenviewparkgolfclub

Donohue Brown Mathewson & Smyth LLC is pleased to announce that Ejulius (EJ) Adorno has joined the firm as an associate. Mr. Adorno graduated from the University of Iowa in 2018 and completed his undergraduate degree at the University of Illinois Urbana-Champaign. Before joining DBMS, Mr. Adorno served as an associate at a Chicago-based law firm, where he gained extensive experience defending commercial personal injury actions. Prior to entering private practice, Mr. Adorno spent four years as a Cook County State’s Attorney.

DBMS Obtains Not Guilty Verdict in Cook County On July 3, 2024, DBMS partner Rob Smyth and associate Scott Kater received a ‘Not Guilty’ verdict in a medical malpractice case in Cook County.  DBMS’ attorneys represented a general surgeon. The patient, a 50-year-old male, had chronic painful and bleeding hemorrhoids.  The surgeon first attempted conservative treatment that failed.  The surgeon performed a hemorrhoidectomy to remove the painful external hemorrhoids and destroy the bleeding internal hemorrhoids using electrocautery.  Post-operatively, the patient developed a spontaneous anal fissure, which was plagued by problems with non-healing.  The patient saw numerous subsequent providers and ultimately underwent anal reconstructive surgery.  At trial, DBMS attorneys presented expert testimony demonstrating that the defendant surgeon performed the hemorrhoidectomy appropriately and did not cause the subsequent fissure.  After plaintiffs’ attorney requested an award of $61 million, the jury returned a verdict in favor of DBMS’ client and the co-defendant hospital.