| Practice Description: |
Mr. Burke is an experienced trial lawyer with a practice focused on medical, commercial and governmental civil rights litigation matters. He has tried cases to verdict involving obstetrical, brain-damaged baby, wrongful death, breast cancer and complex surgical matters, construction accidents and injunctive relief in business litigation.
Mr. Burke is certified as a mediator of medical legal disputes through Loyola University Law School Health Law Center. He has served as a mediator in complex medical legal disputes, and has made presentations and commented in legal periodicals on the topic. In 2004 he mediated 12 medical malpractice cases.
He has also drafted sports liability limitation legislation, which was enacted into law in Illinois.
Mr. Burke joined Hinshaw & Culbertson LLP in March 1984. He is active in firm management and is a member of the firm's Management Committee and Executive Committee. Prior to being elected to the firm's Management Committee in 2003, he served as Director of Litigation for the firm's Chicago and metropolitan Chicago offices.
Mr. Burke holds the highest rating from Martindale-Hubbell for ethics and legal ability. He has also been recognized by his peers as a Leading Lawyer in the area of Personal Injury Defense Law for the categories of Professional Malpractice and General; ADR for Personal Injury; and Commercial Litigation.
Notable Cases and Results:
In 2004 he tried four jury trials, with two verdicts of not guilty and two resulting in a dismissal at trial with no payment. The first verdict involved a drug product/gynecology malpractice case alleging extensive nerve damage and psychological claims. The plaintiff requested $6 million and the verdict returned as not guilty. The second jury verdict result involved pediatric deafness from a failure to diagnose a tumor, with a not guilty for the client otolaryngologist.
In 2003 Mr. Burke tried two jury cases to verdict. The first involved an undiagnosed infection leading to amputation of a leg. The plaintiff asked for $17 million and the jury returned a verdict of not guilty for the client internist. The second verdict resulted in a not guilty for a general surgeon for the death of a 57-year-old who underwent bowel surgery.
In 2002 he tried five cases, with two going to verdict, one mistrial by the plaintiff the day before closing, and two settlements during trial. The two verdicts resulted in judgments for the client upon not-guilty verdicts in each case. One involved representation of a neurologist in a failure to diagnose a brain aneurysm (brain damage injuries) with a request of $20 million, and the second verdict involved a family practitioner and a failure to diagnose meningitis resulting in a request of $5.5 million for the total loss of hearing in a 40-year-old woman.
Mr. Burke successfully handled two commercial preliminary injunction matters, represented a governmental entity in an employment contracting discrimination case, and successfully tried a case to verdict in 2001. The trial, in Cook County, involved an obstetrical birth injury to a child. The plaintiff's attorneys, who are highly regarded trial lawyers, requested $18 million of the jury. Mr. Burke's client, an obstetrician, was found not guilty.
U.S. District Court, Northern District of Illinois (including Federal Trial Bar), 1985
Date of Birth: 1956
Law School: New England School of Law,J.D., 1982
Undergraduate School: Boston College, B.A., 1978
Published Legal Writing:
Mr. Burke has authored numerous articles in professional journals and publications. He has made presentations on such topics as managed care liability; third party administrator liability; wrongful birth/life issues; obstetrical malpractice; evidence law; and the trial of a breast cancer case.
Mr. Burke was co-chair of the American Conference Institute's seminar, "Litigating Brain and Spinal Cord Insurance Claims" in Chicago, Illinois, June 2004. He was also a featured speaker throughout the event.