Kenneth M. Burke practices in the firm’s Belleville office. He primarily focuses his practice on medical malpractice, asbestos litigation, product liability and a host of other litigation matters. He is a seasoned trial attorney and represents clients throughout southern Illinois.
Recent Verdicts
- Secured a defense verdict in Madison County, Illinois, for a medical oncologist accused of misdiagnosing a patient with myelodysplastic syndrome. (2023)
- Obtained a defense verdict in a wrongful death medical negligence case filed in St. Clair County, Illinois. The plaintiff alleged that the defendant neurosurgeon negligently injured the vertebral artery during an anterior cervical discectomy and fusion, resulting in a stroke and death of the patient. Client surgeon performed an Anterior Cervical Discectomy and Fusion (ACDF) on plaintiff’s decedent who was 73 years old at the time. During the surgery, the left vertebral artery was injured, a known complication of the procedure. The patient lost 4 liters of blood. As a result, decedent sustained a stroke and passed a week later. Plaintiff (daughter) brought a wrongful death claim against the surgeon. At trial, the allegations of negligence were: 1) performed unnecessary surgery at C5-6 where the perforation occurred; 2) improperly drilled the uncinate process resulting in the vertebral artery perforation; 3) failed to abort the surgery after the bleeding was controlled; 4) failed to order immediate post-op imaging in the form of an MRI, MRA or CTA; and 5) failed to timely transfer. The plaintiff sought $4.3 million at trial, but the jury returned a defense verdict after less than two hours of deliberation. (2022)
- Obtained a defense verdict in a St. Clair County, Illinois, medical malpractice case. The plaintiff claimed the defendant neurosurgeon negligently failed to remove a misplaced pedicle screw when she allegedly developed new neuropathic pain down her left leg after spine surgery. She asked the jury to award $730,000 to $830,000. The jury returned a defense verdict after less than 30 minutes of deliberation. (2022)
- Secured a defense verdict for an ENT surgeon client. The surgeon performed a tonsillectomy on the plaintiff, who alleged the doctor went outside of the surgical plane in removing the tonsils and injured the glossopharyngeal nerve, resulting in plaintiff’s difficulty swallowing. The jury deliberated 20 minutes and returned a defense verdict. (2019)
- Obtained a defense verdict in a medical malpractice case in the St. Clair County Circuit Court in Illinois. Plaintiff alleged the defendant was professionally negligent in failing to timely diagnose and treat cauda equina syndrome and failed to do an adequate decompression during spine surgery. Plaintiff alleged significant neurological deficits as a result of defendant’s alleged negligence. Plaintiff asked the jury to award almost $1.3 million. The jury deliberated for 30 minutes and returned a defense verdict. (2018)
- Obtained a defense verdict in a medical malpractice case in the U.S. District Court for the Southern District of Illinois. The plaintiffs alleged the defendant physician was negligent in failing to appreciate the plaintiff’s pulmonary condition. Plaintiff went into cardio-respiratory arrest and suffered a significant and permanent brain injury. The defendant denied negligence. Plaintiff sought damages of more than $7 million. After a five-day trial in East Saint Louis, Ill., the jury returned a defense verdict. (2018)
- Obtained a defense verdict in a medical malpractice case in St. Clair County, Illinois. The plaintiff alleged three defendant medical providers were negligent in failing to order emergency advanced imaging. All defendants denied negligence and the extent of the injuries claimed. The trial lasted eight days, and the jury returned a defense verdict. (2017)
- Obtained a defense verdict in a medical malpractice case in Jackson County, Illinois. The plaintiff alleged the defendant physician was negligent in prescribing a medication for too long of a period of time. Defendant denied negligence and the extent of the injuries claimed. The jury returned a defense verdict. (2017)
- Obtained a defense verdict in a medical malpractice case in St. Clair County, Illinois. The plaintiffs alleged the defendant physician failed to recommend emergent surgery and failed to request a vascular consultation following the surgery. The defendant denied negligence and the extent of the injuries claimed. The trial lasted six days, and the jury returned a defense verdict. (2016)
- Obtained a defense verdict in a medical malpractice case in Randolph County, Illinois. The plaintiff alleged the defendant physician was negligent in performing a surgical procedure. The defendant denied negligence and the extent of the injuries claimed. The jury returned a defense verdict. (2014)
- Obtained a defense verdict in a medical malpractice case in St. Clair County, Illinois. The plaintiff alleged the defendant physician was negligent in failing to perform/order a pregnancy test prior to the administration of a radioactive medication. It was claimed that this exposed the unborn fetus to future risk of cancer. The defendant denied negligence and the extent of the injuries claimed. The jury returned a defense verdict. (2013)
- Obtained a defense verdict in a dental malpractice case in St. Clair County, Illinois. The plaintiff alleged the defendant dentist failed to identify a root tip remained after a tooth extraction. The defendant denied negligence and the extent of the injuries claimed. The jury returned a defense verdict. (2012)
- Obtained a defense verdict in a medical malpractice case in Williamson County where plaintiff alleged the defendant physician failed to correctly perform a test that led to a false diagnosis of lung cancer and the unnecessary removal of plaintiff’s right lung. (2009)
- Obtained a defense verdict in a dental malpractice case in St. Clair County, Illinois. The plaintiff alleged the defendant dentist was negligent by failing to obtain a proper history leading to endocarditis and a brain aneurysm. The defendant denied negligence and the extent of the injuries claimed. The trial lasted three weeks. The jury returned a defense verdict. (2008)
- Obtained a defense verdict in a medical malpractice case in Williamson County, Illinois. The plaintiff alleged several defendants were negligent, and included allegations that the defendant physician failed to appreciate mental status changes and timely diagnose a brain abscess. The defendants denied they were negligent. The trial lasted three weeks. The jury returned a defense verdict. (2008)
- Obtained a defense verdict in a medical malpractice case in Jackson County, Illinois. The plaintiff alleged the defendant physician was negligent in the placement of a morphine pump catheter. The defendant denied negligence and the extent of the injuries claimed. The jury returned a defense verdict. (2007)