Doug Prochnow is a partner in the Litigation Department of Edwards Wildman. An aggressive trial lawyer, Doug represents both plaintiffs and defendants in commercial and health care-related claims, financial disputes, indemnity actions, insurance and reinsurance disputes, professional negligence matters, toxic torts, and product liability suits. He has tried 30 cases to a jury verdict and argued more than 40 appeals across the country. He has also tried numerous commercial matters in arbitrations under the American Arbitration Association or other industry-developed procedures. Through his judicious management of discovery and successful pretrial negotiations, Doug has saved or recovered for his clients hundreds of millions of dollars. A skilled litigator, he has consistently tried and won cases against Chicago's best personal injury plaintiffs' lawyers. His trial skills have resulted in jury verdicts recognized by the National Law Journal and the Chicago Daily Law Bulletin. Doug has also had considerable success reducing substantial jury verdicts in commercial litigation matters at the trial and appellate levels after joining the defense team following the entry of an adverse judgment. He has been named one of the Leading Lawyers in Illinois in both commercial litigation and product liability defense, as well as one of the "100 Best Trial Lawyers in Illinois" by the National Trial Lawyers.
Notable Experience
· As lead defense lawyer in a highly publicized professional negligence action brought by one of Chicago's best-known personal injury plaintiffs' lawyers, Doug won a defense verdict in a $20 million case, which was recognized by the National Law Journal as one of its top 15 jury verdicts
· Successfully defended a mortgage servicer in a multi-million dollar arbitration brought by a large national bank
· Tried and obtained a nearly $3 million verdict for an out-of-network unlicensed surgical center against Blue Cross Blue Shield of Illinois after it refused to pay hundreds of medically necessary and appropriate claims for facility services that the surgical center had delivered to the defendant's insureds
· Successfully litigated a case for a large podiatry group against Blue Cross Blue Shield of Illinois, which refused to pay for thousands of claims for health care services delivered to its insureds, resulting in the recovery of more than $3.6 million for the provider including payment of all of the claims at issue plus 9% prejudgment interest
· Prosecuted a case for a large medical group against Blue Cross Blue Shield of Illinois which resulted in a confidential settlement after a week-long trial in November 2011
· Successfully defended a major healthcare insurance company in a multi-million dollar arbitration matter, resulting in a decision which was later confirmed in federal court and was a total defeat of the plaintiff's claim
· Successfully defended a fronting company accused of fraud and mismanagement by its London reinsurers in a series of multi-million dollar disputes arising from a commercial automobile insurance program; the result saved the fronting company millions of dollars, as the reinsurers were denied any damages from the fronting company and recovered only against the managing general agent and London broker
· Represented a psychotherapist before the Illinois Supreme Court in a precedent-setting case where, for the first time, the court recognized a cause of action for the negligent infliction of emotional distress without an accompanying physical injury or impact; this decision remains the leading Illinois case on the subject and one of the more influential decisions on this subject throughout the United States
· Highly successful defense as national coordinating counsel for a series of related companies in asbestos litigation
· Successfully prosecuted a legal malpractice case, obtaining a million dollar jury verdict, which was later affirmed by the appellate court
· Successfully represented an insurance company in a series of prosecutions arising from a failed investor surety bond program, resulting in an arbitration awarding millions of dollars in recoveries from the reinsurers and reinsurance intermediary; the arbitration was particularly significant because it was the first time in history that the respondent in arbitration had been defaulted for its failure to abide by the panel's decision on indemnity, and the federal district court had affirmed the result
· Successfully defended an agricultural cooperative in a suit involving significant Uniform Commercial Code questions about clauses granting a right of first refusal
Reported Decisions
· Chatham Foot Specialists v. Health Care Service Corp., 216 Ill.2d 366, 837 N.E.2d 48 (2005)
· Corgan v. Muehling, 143 Ill.2d 296, 574 N.E.2d 602 (1991)
· Meerbrey v. Marshall Field and Co., 139 Ill.2d 455, 564 N.E.2d 1222 (1990)
· Chatham Surgicore, Ltd. v. Blue Cross Blue Shield, 356 Ill.App.3d 795, 826 N.E.2d 970 (1st Dist. 2005)
· Stonecrafters v. Wholesale Life Insurance Brokerage, Inc., 393 Ill.App.3d 951, 915 N.E.2d 51 (2nd Dist. 2009), pet. denied 235 Ill.2d 606 (2010)
· First Nat'l Bank of LaGrange v. Lowrey, 375 Ill.App.3d 181, 872 N.E.2d 447 (1st Dist. 2007)
· Hollister v. Dayton Hudson, 201 F.3d 731 (6th Cir. 2000)
· Equistar Chemicals v. BMW, 353 Ill. App.3d 593, 817 N.E.2d 534 (3rd Dist. 2004)
· Wood v. Equistar, 361 Ill.App.3d 1103, 911 N.E.2d 13 (3rd Dist. 2005)
Other Distinctions
Who's Who in the World
Who's Who in America
Who's Who in the Midwest
Who's Who in American Law
Who's Who Among Emerging Leaders
Recent Speaking Engagements and Publications
· Speaker, seminar for clients of Uptown National Bank on captive insurance companies.
· Speaker, seminars for store managers of Marshall Field & Co., adjustors for Liberty Mutual Insurance Company, and examiners for Toplis & Harding on effective risk management.
· Speaker, seminar for Ravenswood Hospital's Department of Surgery and members of their residency program on Medicare fraud and abuse claims.
· Author, "Obtaining Medical Evidence," IICLE, 1984, 1987 (Supp.), 1990, 1992 (Supp.), 1993 (Supp.), 1997, 2000 (Supp.).
News & Publications
February 2012, Client Advisory - Shareholder Brings Derivative Action Against Life Carrier's Officers and Directors Targeting Unclaimed Property Practices
January 2012, Client Advisory - Whistleblower Claims $1.6 Billion in Unclaimed Property Lawsuit Against Two Leading US Life Carriers
Events
April 25, 2012, Chicago, IL, Best Practices for Getting Reimbursed: Navigating Private Insurer Requirements
Industries
· Healthcare
Memberships
· American Bar Association (Member, Litigation and Health Law Sections)
· Illinois State Bar Association
· Chicago Bar Association
· Defense Research Institute
· American Association for Justice
· National Trial Lawyers
· American Health Lawyers Association
· Adjunct Professor, Northwestern University School of Law
· 2005 to present (Introduction to Trial Advocacy)
· Special Assistant Corporation Counsel for City of Chicago