ADR Systems

Neutrals

Hon. Donald M. Devlin, (Ret.)

Illinois

Hon. Donald M. Devlin, (Ret.) is a skilled mediator and arbitrator who is well known for his attention to detail and creative settlements in resolving all types of complex litigation matters, including medical and legal malpractice, product liability, personal injury and construction. Since retiring from the bench, Judge Devlin has acted as a guardian ad litem in both disabled adult cases and minor’s estates in the Circuit Court of Cook County. He has extensive experience in dealing with probate problems and complicated, emotionally charged matters.

Types of Cases Resolved

  • Auto Liability
  • Construction Accidents
  • Contract
  • Estates
  • Legal Malpractice
  • Medical Malpractice
  • Personal Injury
  • Probate
  • Professional Malpractice

ADR Experience and Qualifications

  • 10-year judicial career in the Circuit Court of Cook County, 1996-2006
  • 22-year legal career including Associate General Counsel, Loyola University of Chicago, 1992-1996
  • Illinois Assistant State’s Attorney, Criminal Prosecutions Bureau, Torts Litigation Section, Civil Actions Bureau, Real Estate Tax Litigation Division and Supervisor of the Hospitals and Special Litigation Section of the Civil Actions Bureau, 1974-1992
  • Mediation Certificate, National Judicial College

Representative Cases

  • Estate of Taylor v. Estate of Matricard:  Accident case involved the question of a Jehovah’s Witness’ refusal to undergo surgery because it involved a blood transfusion and insurance coverage issues
  • Estate of Guerin v. Dr. Yu, M.D.:  Medical malpractice case alleged the failure to diagnose subinvolution of the uterus
  • Employers Insurance of Wausau v. Heico Holding Co.:  Product liability case alleging a dangerous auto crusher at a junkyard
  • Tully v. Wabash Fibre Box Co.:  Case alleged construction negligence when a construction painter fell into an unbarricaded pit and fractured his hip
  • Curtain v. Chicago Osteopathic Hospital:  Case alleged construction negligence  when an electrician fell off a ladder installing a fire alarm system
  • Albright v. Dr. Glaser, M.D.:  Case alleged medical malpractice in the improper administration of an epidural steroidal injection and the plaintiff was rendered a paraplegic within 10 minutes of the injection
  • Estate of Feltes v. Elmhurst College:  Estate of a construction worker alleged that the worker had been electrocuted due to the defendant’s negligence
  • Fisher v. Cirignani, et al.:  Case of alleged legal malpractice when the plaintiff claimed that the defendants’ failure to name a specific physician in a medical malpractice action was professional negligence
  • Pietruszynskis v. McClier Corporation:  Two plaintiffs, brothers, alleged retaliatory discharge, because they testified in a third brother’s workers’ compensation hearing
  • DePersia v. Walsh Construction Co.:  Plaintiff millwright stepped on a golf ball-sized piece of debris on defendant’s construction site, fracturing his ankle and tearing articular cartilage of the ankle
  • Araujo v. Catholic Health Partners:  Case alleged medical negligence in the delivery of a baby girl in which the mother had a seizure during the delivery and the fetal heart rate showed profound bradycardia; the hospital-employed OB on duty waited over 30 minutes until the mother’s regular OB arrived to deliver the child; the plaintiff mother alleged that the delay caused hypoxic encephalopathy with damage to the deep structures of the brain resulting in cerebral palsy and spastic athetoid quadriplegia
  • $20 million settlement in a case alleging bilateral brachial plexus nerve injury and phrentic nerve injury, all resulting from excessive traction on the baby during delivery
  • $11.5 million settlement in a case alleging a failure to timely diagnose and treat compartment syndrome in the plaintiff ‘s legs which syndrome led to necrosis of the leg tissue and eventual amputation of both legs just below the knees
  • $6.5 million settlement in the death of a female patient administered an excessive amount of versed during a radiographic procedure
  • $3.75 million settlement in a case alleging medical malpractice in the failure to respond properly to a mother’s seizure during her baby’s delivery, leaving the baby severely handicapped

Professional Activities and Awards

  • Certificate of Appreciation, Real Estate Tax Committee, Chicago Bar Association
  • Lecturer, Cook County Hospital and Loyola University Medical Center, to residents regarding medical malpractice law
  • Lecturer, Evanston Hospital in-service training on treatment of rape victims
  • Member, Chicago Bar Association
  • Member, Illinois State Bar Association
  • Board Member, Illinois Judges Association
  • Former Member, Illinois Association of Health Care Attorneys
  • Former Member, National Association of College & University Attorneys
  • Host Judge, Chicago Public Schools: Law and Safety Program

Education

  • J.D., University of Missouri School of Law
  • B.A., Beloit College, cum laude

Admissions

  • Illinois State Bar

Judge Burke is an excellent mediator.  He has one of the best demeanors of any judge I have appeared before in court.  He is also one of the most knowledgeable mediators as well.  His background provides him with an innate ability to spot the issues early on.  He works hard to get it done.  I would not hesitate for a second to use him again.

Mark Bazzanella, Esq.Mark Bazzanella Law Offices