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Hurley McKenna & Mertz, P.C.

EVAN M. SMOLA

Partner

Attorney Evan M. Smola

Evan Smola began working with Hurley McKenna & Mertz as a law clerk in 2006 during his second year at DePaul University College of Law. After graduating in the top 5% of his class in 2008, Mr. Smola transitioned from a law clerk to an Associate with the firm. In January of 2017, Hurley McKenna & Mertz promoted Mr. Smola from Associate to Partner.

Mr. Smola received his Bachelor of Science degree in genetics from the University of Georgia in 2005. This scientific background has enabled Mr. Smola to litigate complex cases involving medical malpractice and product liability. Science, medicine, and the law routinely interact in important ways and Mr. Smola’s scientific and legal education prepared him to advocate for his clients in even the most complicated of cases. For example, throughout his career, Mr. Smola has represented a number of victims of negligent genetic counselling.

Mr. Smola exclusively represents injured persons and their families in all types of injury cases, including medical malpractice, nursing home abuse, product liability, construction accidents, automobile collisions, and premises liability cases. Mr. Smola also represents the victims of childhood sexual abuse in cases against institutions that failed to protect those victims. Mr. Smola has successfully resolved cases arising from negligent acts that occurred in Illinois, Iowa, Tennessee, Maryland, Wisconsin, Indiana, Michigan, Florida and Vermont.

During law school, Mr. Smola clerked for the Honorable Calvin C. Campbell in the Illinois First District Appellate Court. His experience in the Appellate Court guides his representation of his clients in all stages of litigation, including those cases that are taken up on appeal. Along with the lead attorneys on the cases, Mr. Smola has assisted extensively in preparing the briefs in some of Hurley McKenna & Mertz’s high profile appellate decisions. These include Clark v. Children’s Memorial Hosp., 955 N.E.2d 1065 (Ill. Sup. Ct. 2011): a case involving negligent genetic counselling; Kunz v. Little Co. of Mary Hosp., 373 Ill.App.3d 571 (1st Dist. 2007): the case of a woman that was overprescribed gentamicin, leading to kidney failure.

Mark McKenna & Evan Smola: We Worry About the Case for You

"HM&M took our case and closed the door on my recovery in a timely fashion. They kept us out of a lengthy court case and handled us with kid gloves. They were kind and understanding and we have nothing but the deepest, heartfelt thanks."

Highlights of my Career

Fighting for Families

I had the honor of representing the family of a 32-year-old man who passed away very suddenly just days after being hospitalized. His family had twice brought him to the emergency room and each time this young man was sent home with antibiotics. The family was frustrated by the lack of answers from the hospital and hired us to investigate. We learned that the man died of an undiagnosed pulmonary embolism. Thankfully, after years of litigation, we were able to reach a resolution with the hospital that finally brought the man’s family some peace.

Being More Than Advocates

Early in my career, I was given the opportunity to second chair a case with one of the partners here at Hurley McKenna & Mertz, P.C.. The plaintiff in that case was a young mother whose daughter had been injured during birth. The young mom had great difficulty opening up to people – including us – about what she and her daughter had been through. By the end of the case though, I felt like we had not only been great advocates on her behalf, but had become people that she could turn to for advice – people she could trust.

Challenging Bad Laws When Justice Requires

One of the best parts about working at Hurley McKenna & Mertz, P.C. is that we enjoy the opportunity to challenge laws that are not favorable to plaintiffs. In my time at the firm, I’ve had the opportunity to work on numerous appeals, many of which changed the law in Illinois to the benefit of plaintiffs in this state. Hard cases – even when the difficulty comes from bad law – are what we tend to enjoy working on the most.

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