 | Publication: Cook County Jury Verdict Reporter Published: 9/9/2011 | | (CCC 48/7) | MEDICAL MALPRACTICE--DISPUTED CAUSE OF NEWBORN'S CEREBRAL PALSY (12B)| Lauren Lagestee, minor v University of Chicago Hospitals, Dr. Sandra Valaitis, Dr. Mindy Fishman 08L-8271 (refiled from 99L-14025, 05L-343) Tried Jun. 1-29, 2011 | | Verdict: | Not Guilty v University of Chicago Hospitals and Dr. Mindy Fishman; Deadlock v Dr. Sandra Valaitis (jury hung 9 - 2 for defense). | | Judge: | Irwin J. Solganick (IL Cook-Law) | | Pltf Atty(s): | Kenneth C. Chessick and Jasna Krupalija Davis of Kenneth C. Chessick M.D. (Schaumburg) DEMAND: $30,000,000 ASKED: $65,069,000 | | Deft Atty(s): | William V. Johnson and Sammi L. Renken of Johnson & Bell for all deftsSelfInsured (SELF-INSURED) OFFER: none | | Pltf Medl: | Dr. Matthew Chelich (Pediatrician) and Dr. Lucille Lester (Pediatric Pulmonology) | | Pltf Expert(s): | Dr. Fred Duboe (Ob/Gyn), June Thomas, R.N. (Nurse, Obstetric), Dr. Robert E. Eilers (Rehab/Physical Medicine), Dr. Barry Schifrin (Ob/Gyn), Dr. Ronald Gabriel (Pediatric Neurology) and Stanley V. Smith, Ph.D. (Economist) | | Deft Expert(s): | Dr. Carl Weiner (Maternal & Fetal Medicine), Dr. Steven Donn (Neonatologist), Dr. Richard T. Katz (Physiatrist), Dr. Donald M. Olson of Lucile Packard Children's Hospital at Stanford University, 730 Welch Road, #206, Palo Alto, CA (650-723-6841) (Pediatric Neurology), Dr. Marvin Dale Nelson of Children's Hospital of Los Angeles, 4650 W. Sunset Blvd., Los Angeles, CA (323-261-2411) (Pediatric Neuroradiologist), Dr. Trevor MacPherson of University of Pittsburgh School of Medicine, Magee Women's Hospital, 3550 Terrace St., Pittsburgh, PA (412-802-6013) (Pathologist), Dr. David Chestnut of University of Wisconsin, Gundersen Lutheran Health System, 1900 South Ave., LaCrosse, WI (608-775-2081) (Anesthesiologist), Patricia Creehan, R.N. of Advocate Christ Medical Center, 4440 W. 95th St., Oak Lawn, IL (708-684-8000) (Nurse, Obstetric) and John Scarbrough, Ph.D. of Litigation Analytics, 127 Main St., Building II, Ridgefield, CT (203-431-0300) (Economist) for all defts | | | June 11, 1995, Lauren Lagestee was born with brain damage due to alleged negligence during labor and delivery at the University of Chicago Hospital. She has cerebral palsy, severe developmental delays, gastrostomy tube dependence, and a tracheostomy ($2,690,000 past medl., $22,000,000 present cash value of future medical and caretaking expenses, $3,500,000 PCV future loss of wages and benefits). Pltf contended the infant was injured due to lack of oxygen for 22 minutes prior to delivery, she was further injured by inappropriate maneuvers used to relieve head entrapment at the time of delivery, and there was a lack of informed consent for delivery via vaginal delivery rather than cesarean section. Defense experts opined that the defts complied with the standard of care in all respects. The defense asserted the newborn's cerebral palsy, developmental delay, and G-tube dependence were all a result of her prematurity and fetal inflammatory response syndrome. Defense counsel reports that the jury also found in favor of a labor/delivery nurse while Judge Solganick granted a directed verdict in favor of a second nurse. The original 1999 lawsuit in this case was ready for trial in 2004 when summary judgment was granted in favor of a maternal/fetal medicine physician defendant, which pltf appealed, and the ruling was ultimately upheld by the First District Appellate Court in 2008; Garrett L. Boehm Jr. of Johnson & Bell handled the appeal for the defense. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 5/13/2011 | | (CCC 31/2) | MEDICAL MALPRACTICE--NEWBORN'S BRACHIAL PLEXUS DAMAGED DURING DELIVERY (12B)| Aalyia Lowe, minor v University of Chicago Hospitals, Dr. Sandra Valaitis 06L-7347 Tried Feb. 23-Mar. 4, 2011 | | Verdict: | Not Guilty | | Judge: | Elizabeth M. Budzinski (IL Cook-Law) | | Pltf Atty(s): | John Riccolo of Riccolo & Semelroth (Cedar Rapids, IA) and Janice L. Schaffrick of Philip F. Maher & Associates DEMAND: none ASKED: $4,190,000 | | Deft Atty(s): | William V. Johnson and Matthew L. Johnson of Johnson & Bell for both deftsSelfInsured (SELF-INSURED) OFFER: none | | Pltf Medl: | Michael Atherly, P.A. (Physician's Assistant) | | Pltf Expert(s): | Dr. James Rice, 17722 Talbot Road, Renton, WA (425-228-0722) (Ob/Gyn) and Dr. Trevor Resnick of Miami Children's Hospital, 3200 SW 60 Court, #302, Miami, FL (305-662-8330) (Pediatric Neurology) | | Deft Expert(s): | Dr. Michael G. Ross of Los Angeles County Harbor-UCLA Medical Center, 1000 W. Carson St., Torrance, CA (310-222-3544) (Maternal & Fetal Medicine) for both defts | | | Newborn Aalyia Lowe suffered a left brachial plexus injury during her birth at University of Chicago Hospital on Dec. 23, 1996. She weighed 4,190 grams (9.2 lbs). Pltf contended after shoulder dystocia was encountered during the delivery, deft obstetrician Valaitis and a resident in training performed improper maneuvers in an attempt to relieve the shoulder dystocia and applied inappropriate traction to the baby's head, causing stretched or torn nerves near the spine. Aalyia, now 14 years old, has permanent brachial plexus damage affecting her left shoulder and arm. The defense asserted Dr. Valaitis and the resident utilized the appropriate maneuvers to effectuate the delivery and relieve the shoulder dystocia, and showed the jury a video from the American College of Obstetricians & Gynecologists which corresponded to the maneuvers testified to by the physicians involved. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Illinois Jury Verdict Reporter Published: 12/10/2010 | | (10 My/9) | MEDICAL MALPRACTICE--BOWEL PERFORATED DURING OUTPATIENT SURGERY (12O)| Amy O'Connell v Dr. George J. O'Neil, O'Neil Associates S.C. 06L-140 Tried May 17-21, 2010 | | Verdict: | Not Guilty v both defts. | | Judge: | G. Michael Prall (IL, McLean 11th Jud Cir) | | Pltf Atty(s): | James P. Ginzkey (Bloomington) DEMAND: $650,000 ASKED: $282,000 - $782,000 | | Deft Atty(s): | Matthew L. Johnson and Julie M. Kennedy of Johnson & Bell for both deftsRegionsHealthInsurance (Regions Health Insurance) OFFER: none | | Pltf Medl: | Dr. John Murray Wieland (General Surgeon) | | Pltf Expert(s): | Dr. John D. Davis of University of Florida, P.O. Box 100294, Gainesville, FL (352-273-7660) (Ob/Gyn) | | Deft Expert(s): | Dr. Richard N. Olen of Northwest General Surgeons, 7447 W. Talcott, Chicago, IL (773-631-9699) (General Surgeon) and Dr. Fred Duboe (Ob/Gyn) for both defts | | | May 4, 2005, deft obgyn O'Neil performed an exploratory laparoscopy on pltf F-32 to investigate the cause of her ongoing abdominal pain. The surgery was performed as an outpatient procedure at Bloomington-Normal Healthcare SurgiCenter. During the procedure, pltf sustained an injury to her bowel, necessitating a second surgery to repair the bowel on May 6, 2005. She subsequently developed a bowel obstruction which necessitated a third surgery on June 1, 2005. Pltf contended Dr. O'Neil perforated her bowel during the initial procedure, resulting in peritonitis, and he improperly repaired the bowel resulting in bowel obstruction and a pelvic abscess requiring additional surgery, all causing her to suffer ongoing gastrointestinal problems ($81,063 medl. bills). Pltf further alleged that, following the initial procedure, Dr. O'Neil told her he had perforated her bowel and in retrospect he should have performed her procedure at a hospital. Dr. O'Neil denied making such a statement. The defense asserted O'Neil complied with the standard of care in all respects and the pltf suffered from surgical complications which were known risks of the procedures. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 8/6/2010 | | (BBB 43/2) | DENTAL MALPRACTICE--TOOTH EXTRACTION CAUSED PERMANENT NERVE DAMAGE (12U)| Herbert Bluder v Michelle Marie Pashley, D.D.S., Southwest Oral Surgeons P.C. 08L-3660 Tried Jun. 7-14, 2010 | | Verdict: | Not Guilty | | Judge: | William J. Haddad (IL Cook-Law) | | Pltf Atty(s): | Zane D. Smith of Zane D. Smith & Associates and Sheila A. Genson of Sheila A. Genson Ltd. (Des Plaines) DEMAND: $100,000 ASKED: $750,000 | | Deft Atty(s): | Marilyn M. Reidy of Johnson & Bell for both deftsProAssurance (Pro Assurance) OFFER: none | | Pltf Expert(s): | Dr. Frank Micek (Emergency Medicine) | | Deft Expert(s): | Robert Conlon, D.D.S., 312 Center St., Lake Geneva, WI (262-248-8766) (Oral Surgeon) for both defts | | | April 4, 2006, pltf M-32 arborist presented to deft oral surgeon in Oak Lawn with pain in his mandibular third molar (wisdom tooth). Deft Dr. Pashley examined the pltf, took a Panorex x-ray film, and determined the tooth required extraction despite the fact that pltf's age and the proximity of the inferior alveolar nerve put him at increased risk of nerve damage during the extraction. Following the extraction of the tooth (#32), pltf exhibited nerve damage but reportedly failed to follow up with the deft as instructed. Pltf's alveolar nerve damage is now permanent, resulting in permanent numbness of the face in the mental nerve region (lip and chin). Pltf contended deft was negligent in failing to order a CT scan before the extraction, failing to perform a coronectomy instead of an extraction, and failing to properly inform him of the risks and alternatives to extraction of the tooth. The defense asserted a CT scan was not indicated, the pltf had no other options beside extraction of the tooth, and he was fully informed of the high risk of nerve damage before he consented to the extraction. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 7/16/2010 | | (BBB 40/1) | MEDICAL MALPRACTICE--HOSPITAL IMPROPERLY DISPOSED OF INFANT'S REMAINS (12Z, 12B)| Alexandria Drakeford, Estate of Valentina Nakia Dearing, deceased minor v University of Chicago Hospitals, Dr. Perpetua T. Goodall, Dr. Christina Lewicky 05L-3829 Tried May 21-Jun. 4, 2010 | | Verdict: | $4,600,000 v University of Chicago Hospitals for willful and wanton interference with remains; Not Guilty v all defts on wrongful death and survival claims. | | Judge: | Dennis J. Burke (IL Cook-Law) | | Pltf Atty(s): | Karen A. Enright and Paul L. Salzetta of Winters, Enright, Salzetta & O'Brien for both pltfs DEMAND: $3,000,000 ASKED: $5,696,090 - $7,696,090 | | Deft Atty(s): | William V. Johnson and Lynn M. Reid of Johnson & Bell for all deftsSelfInsured (SELF-INSURED) OFFER: none | | Pltf Expert(s): | Dr. Carl E. Hunt (Neonatologist) and Dr. Frank J. Bottiglieri, 6569 N. Charles St., #504, Towson, MD (410-339-7640) (Ob/Gyn) for both pltfs | | Deft Expert(s): | Dr. Richard A. Polin of Columbia University Medical Center, 3959 N. Broadway, New York, NY (212-305-5827) (Neonatologist) and Dr. Baha Sibai (Ob/Gyn) for all defts | | | Pltf F-21 Alexandria Drakeford was an obstetrical patient of the University of Chicago Hospitals during her pregnancy with Valentina. On Feb. 27, 2003, and March 6, 2003, she was referred to the hospital for testing due to her complaints of leaking fluid and lack of fetal movement. She was at approximately 38 weeks gestation in early March. On those two dates, the mother allegedly showed signs and symptoms of preeclampsia, pregnancy-induced hypertension, and oligohydramnios, but she was not admitted into the hospital and was allowed to return home. Pltf contended University of Chicago Hospital and its doctors and nurses were negligent in failing to diagnose these conditions, and as a result, baby Valentina was born with persistent pulmonary hypertension on March 8, 2003, causing complications which ultimately led to her death 33 days later on April 10, 2003 ($696,090 medl. bills). Following the death of her daughter, Alexandria requested an autopsy and private burial. However, no autopsy was ever performed, and the hospital subsequently released the baby's corpse to the Cook County Medical Examiner's Office on April 18, 2003. The body was then placed in a box with 42 other babies and parts of fetuses, and the box was buried at a cemetery in a mass grave. Pltf maintained the hospital failed to comply with its own policies and procedures, and failed to complete its own required documentation authorizing the release of the body as the pltf never authorized said release to the Medical Examiner. The defense argued the cause of baby Valentina's PPHN (persistent pulmonary hypertension of newborn) was idiopathic (unknown), the condition arose in utero many months before birth, it was not caused by any alleged negligence by the defts, and delivering the baby on Feb. 27 would not have resulted in a different outcome. The defense further denied Alexandria requested an autopsy and claimed she verbally consented to the release of the baby's body for burial by the hospital. Pltf asked the jury to award $2,696,090 to $4,696,090 on the wrongful death and survival action claims, and $3,000,000 on the claim for willful and wanton interference with remains. This is the highest Illinois verdict in JVR records for interference with next of kin's possession of remains. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Illinois Jury Verdict Reporter Published: 3/26/2010 | | (09 O/1) | MEDICAL MALPRACTICE--CAUDA EQUINA SYNDROME AFTER LUMBAR LAMINECTOMY (12M)| John Simcich, Phyllis Simcich v Dr. George DePhillips, Dr. Michel Malek, Provena Hospitals, d/b/a Provena St. Joseph Medical Center 06L-34 Tried Sep. 14-Oct. 23, 2009 | | Verdict: | $2,027,000 v Provena, Not Guilty v Dr. DePhillips and Dr. Malek: $1,827,000 to John Simcich ($750,000 past and future loss of normal life; $600,000 past and future pain & suffering; $275,000 disfigurement; $202,000 medical expenses); $200,000 to Phyllis Simcich (for loss of consortium). | | Judge: | Joseph P. Hettel (IL, La Salle 13th Jud Cir) | | Pltf Atty(s): | Anthony C. Raccuglia and James A. McPhedran of Anthony C. Raccuglia & Associates (Peru) for both pltfs DEMAND: $1,000,000 ASKED: $4,000,000 | | Deft Atty(s): | Robert R. Gorbold and Allyson R. Behm of Kavanagh, Grumley & Gorbold (Joliet) for DePhillipsISMIE (ISMIE) OFFER: none; Marcelline DeFalco and Megan T. Hughes of Mulherin, Rehfeldt & Varchetto (Wheaton) for MalekISMIE (ISMIE) OFFER: none; Brian C. Fetzer and Lauren A. Wieland of Johnson & Bell for Provena HospitalsSelfInsured (SELF-INSURED) OFFER: PH $100,000 withdrawn | | Pltf Medl: | William L. Judge, D.C. (Chiropractor), Dr. Abdul Sankari (Internist), Dr. Frances Deppe (Rehab/Physical Medicine), Dr. Douglas L. Johnson (Neurosurgeon), Dr. Won Kim (Internist), Brian Schuman, P.T. (Physical Therapist), Thomas Neidenbach, P.T. (Physical Therapist), Paula Lutz, P.T. (Physical Therapist) and Donna Gholson, R.N. (Nursing) for John | | Deft Medl: | Dr. James D. Wright (Internist), Dr. Michael Arthofer (Radiologist), Dr. Sasan Payvar (Neuroradiologist), Dr. Zlatko Haveric (Internist), Dr. Gregory A. Lewis (Urologist), Dr. Nitin Nadkarni (Neurologist) and Dr. Brian Scholbrock (Urologist) for all defts | | Pltf Expert(s): | Kent Buchanan, P.T., P.O. Box 397, Whitesburg, GA (770-489-2644) (Physical Therapist), Dr. W. Bradford DeLong, 222 Blueridge Court, Orofino, ID (208-476-4676) (Neurosurgeon), Kay Osinski, R.N. (Nursing), Dr. Christopher D. Reger (Rehab/Physical Medicine), Dr. Andrew Selwyn, 23 Commonwealth Ave., Boston, MA (857-307-1986) (Cardiologist) and Dr. Franz Wippold of Washington University School of Medicine, 510 S. Kingshighway Blvd., St. Louis, MO (314-362-5950) (Neuroradiologist) for John | | Deft Expert(s): | Dr. Robert Milas (Neurosurgeon) and Dr. Vincent Bufalino (Cardiologist) for DePhillips; Dr. Jerry Bauer (Neurosurgeon) and Dr. Frank Bonelli of Swedish American Hospital, 1401 E. State St., Rockford, IL (815-489-4810) (Neuroradiologist) for Malek; Ruth Kleinpell, Ph.D. (Nursing) for Provena Hospitals | | | Dec. 21, 2004, pltf M-75 underwent a decompressive L4-5 laminectomy performed by deft neurosurgeon DePhillips assisted by deft Malek. Pltf's Coumadin was discontinued in advance of the surgery; anticoagulation therapy was resumed Dec. 23 with Heparin and Coumadin. Dr. DePhillips saw pltf until Dec. 24 when he went on vacation and transferred pltf's postop care to Dr. Malek. Pltf contended the resumption of anticoagulant therapy resulted in a significant epidural hematoma which caused nerve compression and cauda equina syndrome. The hematoma was not diagnosed until Dec. 28, leaving pltf with permanent bladder incontinence, bowel incontinence, and lower extremity neurological difficulties requiring a cane and foot brace. Pltf claimed defts failed to timely diagnose the epidural hematoma and cauda equina compression despite numerous symptoms including urinary retention and an episode of bowel incontinence; Dr. DePhillips failed to obtain proper informed consent and failed to consult with a cardiologist prior to surgery to make a plan regarding anticoagulation therapy postop; nurses and physical therapists failed to chart and report pertinent findings; Dr. Malek failed to investigate signs indicative of developing cauda equina, failed to perform rectal exams which would have revealed decreased sphincter tone, and failed to expeditiously return pltf to surgery on Dec. 28. Dr. DePhillips maintained he properly advised pltf of the risks and he was not required to consult with a cardiologist prior to surgery since the decision to restart anticoagulants would be dependent upon how the surgery went. Dr. Malek asserted pltf's postop course was as expected until the morning of Dec. 28 when he developed bilateral neurogenic weakness in his feet/legs and swelling at the incision site, he did not demonstrate any symptoms indicative of cauda equina syndrome, it is not unusual for an elderly laminectomy patient to experience postop urinary retention, left foot weakness noted by PT on Dec. 27 was present prior to the surgery, the standard of care did not require a rectal exam because there was no clinical indication of neurological compromise, and Malek appropriately responded to the onset of symptoms on Dec. 28 by ordering a stat MRI and returned the patient to surgery as soon as it was safe given the need to first reverse his anticoagulation status. The hospital contended nurses and therapists properly assessed pltf, charted all pertinent information, and timely communicated changes in his condition. Jury deliberated 4 days (24 hours total). Provena plans to appeal. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 7/3/2009 | | (AAA 38/3) | MEDICAL MALPRACTICE--FAILURE TO TIMELY DIAGNOSE LUNG CANCER--DEATH (12C)| Estate of Maxine Manchik, deceased v Dr. Martin Sachman, Evanston Northwestern Healthcare Medical Group, a/k/a ENH Medical Group Inc., Dr. Mark Lowenthal, Associated Allergists & Asthma Specialists Ltd., d/b/a Associated Allergists Ltd. 03L-13320 Tried Mar. 23-Apr. 13, 2009 | | Verdict: | Deadlock v Dr. Martin Sachman and Evanston Northwestern Healthcare Medical Group a/k/a ENH Medical Group Inc.; Not Guilty v Dr. Mark Lowenthal and Associated Allergists & Asthma Specialists Ltd. d/b/a Associated Allergists Ltd. | | Judge: | Randye A. Kogan (IL Cook-Law) | | Pltf Atty(s): | Guy Delson Geleerd, Jr. of Geleerd Law Group DEMAND: $2,000,000 ASKED: $2,000,000 | | Deft Atty(s): | Marilyn M. Reidy and Charlene S. Mitchell of Johnson & Bell for Sachman, Evanston Northwestern Healthcare Medical Group, ENH Medical Group Inc.SelfInsured (SELF-INSURED) OFFER: MS $50,000; Kevin J. Glenn of Foran, Glennon, Palandech & Ponzi for Lowenthal, Associated Allergists & Asthma Specialists Ltd., Associated Allergists Ltd.ISMIE (ISMIE) OFFER: none | | Pltf Medl: | Dr. Joseph H. Mishell (Otolaryngologist/ENT), Dr. Gary A. Kaufman (Internist) and Dr. Nili Mazur (Allergist) | | Pltf Expert(s): | Dr. Sheldon Schwartz (Internist), Dr. Jordan Fink (Allergist) and Dr. Athanassios Argiris (Oncologist) | | Deft Expert(s): | Dr. Michael Kaliner, 11002 Veirs Mill Rd., #414, Wheaton, MD (301-962-5800) (Allergist), Dr. Edward Gurza (Internist) and Dr. Philip Hoffman (Oncologist) for all defts | | | Maxine Manchik (F-60) began seeing deft internist Dr. Sachman in Jan. 2000 as her primary care physician. Mrs. Manchik was also under the care of deft Dr. Lowenthal for her allergies. On Feb. 6, 2001, Maxine saw Dr. Sachman for evaluation of a rash on her arm. On Oct. 31, 2001, she underwent a chest x-ray and a bronchial biopsy which revealed non-small cell carcinoma of the right lung. Maxine was diagnosed with Stage IIIB lung cancer and underwent various therapies, but died at age 62 on March 30, 2002. The estate contended Dr. Sachman was negligent in failing to take a history from Maxine during the visit on Feb. 6, 2001, failing to perform a physical exam and order a chest x-ray within a reasonable time after Feb. 6, 2001, and failing since Jan. 2000 to ever review the previous primary care physician's records which contained an instruction for Maxine to return for a physical examination; pltf claimed Dr. Lowenthal was also negligent in failing to order a chest x-ray despite the patient's continuing complaints of dyspnea (shortness of breath) including a complaint of inability to climb stairs when she saw him in March 2001. The estate maintained that as a direct and proximate result of defts' negligence, pltf's decedent lost the chance for an earlier diagnosis and prompt medical intervention which would have increased her likelihood of survival. The defense argued the patient never presented with any complaints of a respiratory nature other than those of long duration which had been evaluated and determined to be consistent with her allergies. The jury deliberated for 3 days; they reached a verdict as to Dr. Lowenthal and his group after the first day, and were reportedly hung 11-1 in favor of Dr. Sachman. Pltf's counsel reported there was no settlement offer while defense counsel for Sachman/ENH reported the offer listed above. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 3/13/2009 | | (AAA 22/1) | MEDICAL MALPRACTICE--NEWBORN'S FINGER CUT DURING OR AFTER DELIVERY (12B)| Cydney Berman, minor v Evanston Northwestern Healthcare Corp., f/k/a Evanston Hospital, Midwest Center for Women's Healthcare Ltd., d/b/a Women's Medical Group 04L-14060 Tried Jan. 12-29, 2009 | | Verdict: | $2,756,442 v Evanston Northwestern Healthcare Corp. f/k/a Evanston Hospital ($56,442 past medical expenses; $50,000 future medical expenses; $950,000 pain & suffering; $900,000 disability; $800,000 disfigurement); Not Guilty v Midwest Center for Women's Healthcare Ltd. d/b/a Women's Medical Group. Special Interrogatory: Did the laceration to baby Cydney's right middle finger occur during the Cesarean section on June 1, 2001? "No." | | Judge: | James P. McCarthy (IL Cook-Law) | | Pltf Atty(s): | Marc A. Taxman and Sean P. Murray of Anesi, Ozmon, Rodin, Novak & Kohen DEMAND: $600,000 withdrawn ASKED: $2,208,942 | | Deft Atty(s): | Marilyn M. Reidy and Carl M. Schultz of Johnson & Bell for Evanston Northwestern Healthcare Corp., Evanston HospitalPartiallySelfInsured StPaul (Partially SELF-INSURED; St. Paul) OFFER: $500,000 total withdrawn; Patricia Cari Nowak and Tricia E. McVicker of Dykema, Gossett for Midwest Center for Women's Healthcare Ltd., Women's Medical GroupISMIE (ISMIE) | | Pltf Medl: | Dr. Jay Pensler (Plastic Surgeon), Dr. Terry Light (Orthopedist), Dr. Michael Caplan (Neonatologist), Gary Solomon, O.T. (Occupational Therapist), Deborah Solomon, OTR/L (Occupational Therapist), Dr. Marcia A. Krause (Ob/Gyn) and Dr. Charla E. Simon (Ob/Gyn) | | Pltf Expert(s): | Dr. Raymond L. Cox, Jr. of St. Agnes Hospital, 900 Caton Ave., Mailbox 228, Baltimore, MD (410-368-2640) (Ob/Gyn) | | Deft Expert(s): | Dr. Joseph Purpura (Ob/Gyn) for Evanston Hospital; Dr. Thomas R. Carver (Ob/Gyn) for Midwest Center for Women's Healthcare Ltd. | | | June 1, 2001, Cydney Berman was delivered by a non-emergency cesarean section at Evanston Hospital; deft Midwest was the employer of the attending obstetrician who performed the C-section. The newborn was noted to be jittery, hypertonic and to have stridor, so she was admitted into the ISCU (Infant Special Care Unit) for observation. Several hours later, Cydney's father noticed her right middle finger was sticking straight up while the rest of her right hand was closed in a fist, with a gash at the base of the middle finger. He brought this to the attention of the ISCU nurse who said it was probably just dried blood from the delivery, but when she used a rag to wipe the area, it began to bleed. The nurse then found a deep laceration approximately one centimeter long and a half centimeter deep. The laceration had severed the two flexor tendons, the tendon pulleys, a portion of the digital nerve, and extended into the bone of the finger. Reconstructive surgery was performed on June 3, 2001, to reattach the tendons, rebuild the pulleys, and repair the nerve. However, due to her young age the infant could not actively participate in physical therapy, so scar tissue developed. A second surgery was performed in March 2003 to release the tendons and nerve from the scar tissue. Cydney, now 7 years old, has very limited use of her right middle finger and will need a third surgery to release additional scar tissue in the summer of 2009, but this surgery only has a 65% success rate and her finger will never have completely normal function; the middle finger is also slightly shorter than the ring and index fingers ($56,442 past medl. bills). The case was brought under the doctrine of res ipsa loquitur and pltf contended the injury would not have occurred if defts had used a reasonable standard of professional care during their consecutive management of the baby and control over the unspecified sharp object which caused the injury; the jury was given IPI 105.09 instructions. The hospital maintained the laceration occurred during the C-section, it was merely a risk of the procedure, and there was no violation of the standard of care. A resident obstetrician testified she remembered the baby's hands being in the surgical field and "fighting" to come out as soon as the uterus was surgically entered, which she said was the strangest thing she had ever seen. Midwest argued the laceration could not have occurred during the C-section based on the baby's face down position at the time of delivery, there was nothing unusual about the circumstances of the delivery, and the laceration occurred some time after the baby was handed off to the labor and delivery nurses or in the ISCU. Pltf's counsel notes the jury awarded $547,500 more than the amount asked. The verdict is the highest in our records for a finger injury to a minor in Illinois. Note: For a summary of subsequent appellate action regarding this case, see the Jury Verdict Reporter's Appellate Review of Damages publication at 12 ARD 65. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 1/23/2009 | | (AAA 15/2) | MEDICAL MALPR.--HIP REPLACEMENT CAUSED FRACTURE, PULMONARY EMBOLISM (12M)| Marion J. Peterson v Dr. Basel Al-Aswad, Dr. Randa Bascharon 04L-7300 Tried Oct. 27-Nov. 5, 2008 | | Verdict: | Not Guilty v Dr. Basel Al-Aswad; Directed Not Guilty v Dr. Randa Bascharon at the close of pltf's case. | | Judge: | Cheryl A. Starks (IL Cook-Law) | | Pltf Atty(s): | John M. Obert-Hong of John Obert-Hong LLC and J. Nicolas Albukerk DEMAND: $1,100,000 ASKED: $1,405,623 | | Deft Atty(s): | Robert M. Collins of Bollinger, Ruberry & Garvey for Al-AswadHudsonInsuranceGroup (Hudson Insurance Group) OFFER: none; Gregory E. Schiller and Lynn M. Reid of Johnson & Bell for BascharonAIG (AIG) | | Deft Medl: | Dr. Mitchell Sheinkop (Orthopedist) and Dr. Evan McLeod (Pulmonologist) for both defts | | Pltf Expert(s): | Dr. Steven Graboff, 17752 Beach Blvd., Huntington Beach, CA (714-843-0019) (Orthopedist) | | Deft Expert(s): | Dr. Jeffrey S. Meisles (Orthopedist) for Al-Aswad; Dr. James Kudrna (Orthopedist) for Bascharon | | | July 9, 2002, pltf F-72 underwent right hip replacement surgery at Little Company of Mary Hospital, performed by deft orthopedic surgeon Dr. Al-Aswad. Deft Dr. Bascharon, a resident, assisted in the surgery. The surgery involved placing a cemented prosthetic femoral stem. During the surgery, the cement began to harden while the prosthetic femoral stem was being inserted into the femoral canal, so Dr. Bascharon (under Dr. Al-Aswad's supervision) utilized a mallet to attempt to seat the prosthesis into its final position. However, during this procedure, pltf sustained an intraoperative fracture of the femur, which was diagnosed by x-ray in the operating room. The fracture was reduced by replacing three cables around the femur. The hardened cement was then removed, additional cement was inserted, and a new femoral prosthesis was placed. Following the surgery, pltf developed a pulmonary embolism, requiring treatment in the ICU. Pltf contended Dr. Al-Aswad and Dr. Bascharon were negligent in utilizing the mallet to insert the prosthesis into already hardened cement causing the intraoperative fracture, and in failing to provide adequate postop anticoagulation despite the patient's subtherapeutic INR level of 1.83 the morning after the surgery. As a result of the fracture, pltf claimed she suffered leg length discrepancy which led to further damage and replacement of the left hip in 2004. The defense asserted that the technique of using a mallet to insert the prosthetic stem into hardening cement was reasonable, the fracture occurred despite proper care, anticoagulation of the patient was appropriate, pulmonary embolism was a known risk of hip surgery, and the pulmonary embolism occurred despite reasonable anticoagulation. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Illinois Jury Verdict Reporter Published: 12/19/2008 | | (08 O/2) | MED. MALPR.--DEMEROL OVERDOSE CLAIMED IN DEATH OF PREGNANT WOMAN (12D)| Estate of Lynette Renee Haney-Clayton, deceased, Estate of Baby Boy Clayton, deceased minor v Riverside Medical Center, Dr. Gregory T. Trapp 05L-2 Tried Sep. 22-Oct. 9, 2008 | | Verdict: | Not Guilty to both pltfs v both defts | | Judge: | Kendall O. Wenzelman (IL, Kankakee 21st Jud Cir) | | Pltf Atty(s): | David J. Pritchard of Salvi, Schostok & Pritchard and John S. Muir of Kedzie, Muir & Associates for both pltfs ASKED: $5,300,000 | | Deft Atty(s): | Margaret A. Unger and Lauren A. Wieland of Johnson & Bell for Riverside Medical CenterIllinoisProvidersTrust (Illinois Providers Trust) OFFER: none; Peter G. Panno and Charles A. Egner of Hinshaw & Culbertson (Joliet) for TrappISMIE (ISMIE) OFFER: none | | Pltf Expert(s): | Richard T. Scheife, PharmD. of Pharmacotherapy, 750 Washington, Boston, MA (617-636-5390) (Pharmacist), Deanna Reising, Ph.D., 3745 Cleve Butcher Rd., Bloomington, IN (812-855-1728) (Nursing) and Dr. Alfred Torrence (Internist) for Haney-Clayton | | Deft Expert(s): | Dr. Samir Ballas, 1015 Walnut St., Philadelphia, PA (215-955-8485) (Hematologist), Dr. Wayne Snodgrass, 7102 Pearson Rd., Santa Fe, TX (409-772-9612) (Toxicologist), Dr. Michael Graham (Pathologist) and Ruth Kleinpell, Ph.D. (Nursing) for Riverside Medical Center; Dr. Richard D. Stern (Internist), Christopher Long, Ph.D. (Toxicologist) and Dr. Nancy Jones (Pathologist) for Trapp | | | March 13, 1998, Lynette Haney-Clayton, who was seven months pregnant, was admitted to deft Riverside Medical Center in Kankakee for treatment of a sickle cell crisis. Deft Dr. Trapp was her attending physician. The F-30 mother of four young children was given allegedly excessive doses of Demerol and Phenergan, including a negligently administered double dose of Phenergan; she experienced sustained tachycardia, excessive vomiting, and seizures and, ultimately, she and her unborn son died on March 16, 1998. The estates claimed that death was due to a Demerol overdose and that hospital nurses failed to properly monitor her and report signs of neurotoxicity over an 11 hour period. They also contended that the nurses negligently discarded evidence, specifically the PCA pump used to administer the Demerol, in contravention of the coroner's instructions, and that numerous discrepancies in the record, coupled with the loss of the dosing history within the pump, made it impossible to determine the exact amount of Demerol administered to the decedent and significantly impaired their case. The Kankakee Medical Examiner determined the cause of death to be Demerol overdose based upon lethal levels found by toxicology. Pltfs' expert Richard Scheife, editor-in-chief of Pharmacotherapy, the official journal of the American College of Clinical Pharmacy, testified that the use of Demerol has been restricted for years due to the known risk of neurotoxicity and seizure, that Phenergan reduces the seizure threshold, and that the pltf experienced a Demerol induced seizure that caused her death. One nurse testified she observed seizure-like activity when she entered the decedent's room seconds before she died. The defense denied that Demerol was the cause of death and maintained that, although the dosage prescribed exceeded NIH recommendations, it was necessary and appropriate for the severe pain the patient was experiencing and she was tolerant to high levels of the drug due to long-term use for sickle cell disease. The defense contended that Mrs. Haney-Clayton died of complications of sickle cell, that microscopic slides of her lung obtained during autopsy showed evidence of acute and chronic lung damage from the disease which would account for sudden lung failure, and that the Kankakee County Medical Examiner failed to report these obvious findings in the lungs. Defense expert Dr. Jones, the Cook County Medical Examiner, testified the decedent's heart was twice the normal size which could account for a sudden heart stoppage. The hospital claimed there was a miscommunication between the deputy coroner and the nursing supervisor who discarded the last vial of Demerol and removed the PCA pump from the decedent's room and that blood and tissue samples provided adequate evidence to determine the cause of death. A pre-trial demand of "under $1,000,000 indicated" was made to deft hospital. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 12/12/2008 | | (AAA 9/1) | MEDICAL MALPRACTICE--DELAYED DIAGNOSIS OF HEART ATTACK LED TO STROKE (12H)| David Blutcher v Roseland Community Hospital 01L-14480 (refiled from 97L-7762) Tried Oct. 20-Nov. 5, 2008 | | Verdict: | $3,186,047 ($750,000 pain & suffering; $250,000 loss of normal life; $86,047 past medical expenses; $2,100,000 lost earnings). | | Judge: | Allen S. Goldberg (IL Cook-Law) | | Pltf Atty(s): | Stephen D. Phillips, Charles A. Hornewer and Terrence M. Quinn of Phillips Law Offices DEMAND: none | | Deft Atty(s): | David J. Loughnane and Carl M. Schultz of Johnson & BellPartiallySelfInsured (Partially SELF-INSURED) OFFER: $750,000 | | Pltf Medl: | Dr. Hugh Russell (Internist), Dr. Michael J. Schneck (Neurologist), Dr. David Garron, Ph.D. (Neuropsychologist) and Richard Peach, Ph.D. (Speech Pathologist) | | Deft Medl: | Dr. Joseph V. Messer (Cardiologist) | | Pltf Expert(s): | Dr. Dan J. Fintel (Cardiologist), Dr. Edward Feldmann (Neurologist) and Roger Skurski (Economist) | | Deft Expert(s): | Dr. Caesar DeLeo (Cardiologist) and Dr. Vincent Bufalino (Cardiologist) | | | On July 1, 1995, pltf M-37, an attorney, presented to the emergency room at Roseland Community Hospital with shortness of breath and also complained of having experienced intermittent chest pain, although there was no chest pain at the time he arrived. Pltf was seen in the emergency room by Dr. Niluardo Cay, who ordered blood studies and an EKG, which indicated no heart attack or cardiac problems at that time. Approximately three hours after pltf was admitted, he was noted as having chest tightness. Hospital staff failed to perform repeat EKG and blood tests. Pltf was subsequently transferred to Trinity Hospital for workup by his personal physician, Dr. Hugh Russell. After another EKG was performed at Trinity, pltf was diagnosed as having suffered an acute myocardial infarction and was treated with tPA to open up a blocked coronary artery. He subsequently underwent an angioplasty and was able to return to his law practice. However, thirty months later, on Dec. 30, 1997, the pltf suffered an embolic stroke which resulted in significant speech deficits and caused him to retire from practicing law ($86,047 medl., $2,100,000 LT). Pltf contended the delay in diagnosing and treating the myocardial infarction caused heart muscle scarring, resulting in the formation of clots in his heart which broke off and traveled from his carotid arteries to his brain and caused the stroke 2.5 years later. Pltf asserted that Roseland failed to do primary source verification of Dr. Cay's qualifications, improperly credentialed him, and negligently allowed him to practice in their emergency room. Dr. Cay had indicated on his application for staff privileges that he was board certified in internal medicine, but when pltf's counsel contacted the American Board of Internal Medicine, it was discovered that not only was Dr. Cay not board certified, he had failed his board examination eleven times prior to the date of his treatment of the pltf. The defense argued that Dr. Cay did not deviate from the standard of care while treating pltf nor did the hospital violate the standard of care in its credentialing of Dr. Cay. The defense further maintained that pltf's stroke more than two years later was unrelated to his heart attack in July 1995 and he suffered from multiple risk factors for stroke, including hypercoagulability of his blood and significant atherosclerotic disease. This case was originally tried in 2004 against several defts, and resulted in a verdict of $800,000 against Roseland Community Hospital only (reported at VV 47/2); the first trial was also before Judge Goldberg. Pltf was subsequently granted a new trial on the issue of causation and damages. Dr. Russell settled out prior to that first trial for $1,000,000; he was unavailable for this second trial so his testimony was read to the jury. Deft Roseland is self-insured to $1.5 million. Pltf's counsel reports that the defense made no settlement offer until offering $750,000 while the jury was deliberating. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 10/24/2008 | | (AAA 2/1) | MEDICAL MALPRACTICE--ESTATE BLAMES MEDICATIONS FOR DEATH OF DIABETIC (12H)| Estate of Anita Redding, deceased v Dr. Rimgaudas Nemickas, Dr. Agngarayngay Arsenio 04L-6283 (refiled from 03L-934) Tried Sep. 8-16, 2008 | | Verdict: | Not Guilty v Dr. Rimgaudas Nemickas; Dr. Arsenio was voluntarily dismissed during trial. | | Judge: | James P. Flannery, Jr. (IL Cook-Law) | | Pltf Atty(s): | Richard L. Swedberg and Donald M. Hodgkinson of Swedberg/Hodgkinson DEMAND: $950,000 ASKED: $1,000,000 + | | Deft Atty(s): | Marilyn M. Reidy of Johnson & Bell for NemickasProAssurance (Pro Assurance) OFFER: none; John P. Sullivan of Bollinger, Ruberry & Garvey for Arsenio | | Deft Medl: | Dr. John Ball (Nephrologist), Dr. Marie Wadas (Cardiologist) and Dr. John R. Wilson (Neurologist) for Nemickas | | Pltf Expert(s): | Dr. John M. Luce of San Francisco General Hospital, 1001 Patrero Ave., San Francisco, CA (415-206-8289) (Internist) | | Deft Expert(s): | Dr. Carl Tommaso (Cardiologist) for Nemickas | | | Anita Redding suffered from various conditions including uncontrolled diabetes, uncontrolled hypertension, and renal insufficiency, and she was under the care of deft internist Dr. Arsenio for several years. These problems caused her to be taken to the emergency room at Elmhurst Memorial Hospital on multiple occasions over the years, usually requiring treatment for extremely low or extremely high blood sugar levels. On Oct. 26, 2000, deft cardiologist Dr. Nemickas began consulting on the case and prescribed a calcium channel blocker for the 63-year-old patient's uncontrolled hypertension; she was already taking a beta blocker. Two days later, on Oct. 28, 2000, Anita was taken to Elmhurst Memorial's emergency room after being found unconscious by her family. She was diagnosed with diabetic ketoacidosis and bradycardia, and hospital doctors discontinued both the calcium channel blocker and the beta blocker at the time of admission because of concerns that the drugs could have been the cause of the bradycardia. Elmhurst doctors recommended she avoid both of those drugs until further testing was performed. Anita continued to see both Dr. Arsenio and Dr. Nemickas over the next several months while she continued to have problems with her diabetes and her hypertension. In Jan. 2001, Dr. Nemickas again prescribed a calcium channel blocker to the patient while she was again on a beta blocker. Two days later on Jan. 27, 2001, she was found semi-conscious by her family and rushed to Elmhurst Memorial Hospital, where she again had diabetic ketoacidosis and bradycardia, and she died in the emergency room. The autopsy report stated Anita's blood sugar level was over 900 (normal range is close to 100). The estate contended Anita died from a severe bradycardic event due to a reaction to the prescribed beta blocker and calcium channel blocker, these drugs should never have been re-prescribed due to the severe bradycardic event in Oct. 2000, and defts deviated from the standard of care. Dr. Arsenio was voluntarily dismissed during pltf's case since he did not prescribe the final drugs. The defense for Dr. Nemickas argued that his prescription of a calcium channel blocker while the patient was taking a beta blocker was reasonable under the circumstances, her condition required such treatment, she died from diabetic ketoacidosis, her bradycardia was caused by the diabetic ketoacidosis, and the bradycardia was unrelated to her medications. The jury reportedly deliberated for 1.5 hours including lunch. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 6/13/2008 | | (ZZ 35/1) | MEDICAL MALPR.--STOMACH CANCER UNDIAGNOSED AFTER BIOPSY SLIDE MISREAD (12C)| Paula Gaulin v Dr. Adam Dubin, DuPage Pathology Associates S.C., Adventist Hinsdale Hospital 05L-1763 Tried May 1-7, 2008 | | Verdict: | $4,527,831 v Dr. Adam Dubin and DuPage Pathology Associates S.C. ($1,750,000 past and future pain & suffering; $1,500,000 past and future loss of normal life; $155,231 past and future medical expenses; $372,600 past and future lost earnings; $750,000 increased risk of future harm); Adventist Hinsdale Hospital settled out for $25,000 prior to opening statements. | | Judge: | Richard B. Berland (IL Cook-Law) | | Pltf Atty(s): | Timothy M. Richardson and Richard B. Rogich of Rogich & Richardson DEMAND: $1,750,000 ASKED: $12,267,831 | | Deft Atty(s): | David C. Burtker and Daniel J. Hronek of Cunningham, Meyer & Vedrine for Dubin, DuPage Pathology Associates S.C.ISMIE (ISMIE) OFFER: $1,000,000 total; Mark D. Johnson of Johnson & Bell for Adventist Hinsdale HospitalSelfInsured (SELF-INSURED) | | Pltf Medl: | Dr. Alexander Hantel (Oncologist) | | Pltf Expert(s): | Dr. Arthur Sitelman of Integrated Pathology Services, 9150 W. Indian School Rd., Bldg 6, Suite 122, Phoenix, AZ (602-284-0556) (Pathologist) and Dr. John Glaspy of UCLA Health System, 100 UCLA Medical Plaza, #550, Los Angeles, CA (310-794-4955) (Oncologist) | | Deft Expert(s): | Dr. John M. Shaw of Northwestern Memorial Hospital, 676 N. St. Clair, #2140, Chicago, IL (312-664-5400) (Oncologist) for Dubin, DuPage Pathology Associates S.C. | | | March 10, 2003, pltf F-38 underwent an upper gastrointestinal endoscopy at Hinsdale Hospital for complaints of abdominal pain. The biopsy slides were incorrectly interpreted by deft pathologist Adam Dubin, employed by DuPage Pathology Associates. The slides showed an aggressive form of cancer but were misread by Dr. Dubin as inflammatory gastritis, a benign condition, causing pltf's stomach cancer to remain undiagnosed. Pltf continued to have abdominal pain and nausea, and she eventually underwent a second upper GI endoscopy at Hinsdale Hospital on June 23, 2004. The biopsy tissue slides were interpreted by another pathologist who found adenocarcinoma of the distal antrum (bottom third of stomach). Pltf transferred her care to Loyola University Hospital, where she was diagnosed as having Stage III adenocarcinoma and underwent a partial gastrectomy. One of ten lymph nodes removed tested positive for cancer, and the gastric tumor had grown through the stomach wall into the omentum. Loyola pathologists reviewed the March 2003 biopsy slides and determined those slides had shown evidence of Stage I adenocarcinoma. Pltf subsequently underwent four rounds of chemotherapy over the next six months with one month of radiation therapy. She has continued to see her oncologist approximately every six months for follow-up, is back at work, and has not suffered a recurrence of her cancer to date ($55,231 past medl., $100,000 future medl., $612,600 total past LT 4 months and future LT as postal service mail carrier). Defts admitted liability at trial in misinterpreting the biopsy slides and admitted proximate causation of the chemotherapy and radiation treatment. Both sides agreed that if the cancer had been diagnosed in March 2003, pltf only would have required a partial gastrectomy and would not have undergone chemotherapy and radiation, the cancer would likely not have invaded her lymph node and would have had an 80% cure rate, and her Stage IIIA cancer only had a 20% cure rate in July 2004. At issue was the likelihood of cancer recurrence and future damages. Pltf's oncology expert opined that pltf more likely than not will have a recurrence sometime before 2014 (a ten-year window of gastric adenocarcinoma) resulting in a terminal condition necessitating palliative care, and she is currently at about a 56% risk for recurrence. Pltf's treating oncologist testified that the aggressive tumor characteristics presented a greater than 50% likelihood for recurrence. Defts' expert opined that since it has been four years since the surgery and treatment, the pltf has only a 6% risk of recurrence, a recurrence rate nearly equal to that of a non-cancer patient. Pltf's counsel countered that recent studies have shown that postop adjuvant treatment only delays recurrence to year 7 or year 8 and that 50% of these patients die between year 5 and year 8. Defense counsel reportedly suggested a verdict of $550,000. Dubin and DuPage have a total of $4 million in insurance coverage. The jury deliberated 2 hours. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 4/11/2008 | | (ZZ 26/6) | MED. MAL.--CARDIAC ARREST LEADS TO VEGETATIVE STATE, DEATH OF 32-YEAR-OLD (12H)| Estate of Joseph Jones, deceased v St. Bernard Hospital, Dr. Gilbert Arevalo, Dr. Nagui Hanna, South Yale Emergency Physicians S.C., Dr. Douglas G. Bushell, D.O., Dr. Adolfo Maglaya, Dr. Adel Zayyad 03L-6833 Tried Jan. 2-29, 2008 | | Verdict: | Not Guilty v all defts | | Judge: | John B. Grogan (IL Cook-Law) | | Pltf Atty(s): | Barry D. Rooth of Theodoros & Rooth (Merrillville, IN) and Robert J. Pavich and Anastasia X. Pavich of Monico, Pavich & Spevack DEMAND: $2,000,000 - $4,000,000 high/low ASKED: $12,000,000 | | Deft Atty(s): | James M. Hofert and Linnea L. Schramm of Hinshaw & Culbertson for St. Bernard Hospital, Arevalo, Hanna, South Yale Emergency Physicians S.C.SelfInsured (SELF-INSURED) OFFER: SBH $200,000 - $500,000 high/low; David J. Loughnane and William T. Young of Johnson & Bell for BushellSelfInsured (SELF-INSURED); Chad M. Castro and Elizabeth E. Jaci of Barker & Castro for MaglayaISMIE (ISMIE) OFFER: AM $50,000 - $750,000 high/low withdrawn; Michael J. Hennig and Trisha K. Tesmer of Cassiday Schade for ZayyadISMIE (ISMIE) OFFER: none | | Pltf Medl: | Dr. James Beckett (Radiologist) | | Pltf Expert(s): | Dr. Richard M. Sobel (Emergency Medicine), Dr. David Crippen of University of Pittsburgh Medical Center, 200 Lothrop St., Suite 613, Pittsburgh, PA (412-647-3136) (Critical Care), Dr. Adrianne P. Kelly, 35 W. Watkins Mill Rd., Gaithersburg, MD (202-244-3661) (Internist), Dr. Alexander Stemer, 919 Main St., Dyer, IN (219-922-3002) (Internist) and Cheryl Randolph, R.N., 1771 N. Highway One, Bodega Bay, CA (707-875-9422) (Nursing) | | Deft Expert(s): | Dr. Joseph Hartmann (Cardiologist), Dr. Phillip B. Gorelick (Neurologist), Dr. John Ortinau (Emergency Medicine) and Laurie Carroll, R.N. (Nursing) for St. Bernard Hospital; Dr. Joseph Hartmann (Cardiologist), Dr. Phillip B. Gorelick (Neurologist) and Dr. John Ortinau (Emergency Medicine) for Arevalo, Hanna, South Yale Emergency Physicians S.C., Bushell; Dr. Joseph Hartmann (Cardiologist), Dr. Phillip B. Gorelick (Neurologist) and Dr. Charles Dillon (Internist) for Maglaya; Dr. Joseph Hartmann (Cardiologist), Dr. Phillip B. Gorelick (Neurologist) and Dr. Jeffrey Huml (Pulmonologist) for Zayyad | | | Dec. 11, 2001, Joseph Jones was brought to the St. Bernard Hospital emergency room at approximately 3 p.m., in respiratory distress and unresponsive, although not entirely unconscious. Family members reported that the M-32 markedly obese man had a history of asthma and may have overdosed on Seroquel, a prescription drug he was taking for treatment of a psychiatric disorder. Examination indicated he was suffering from pneumonia. He was intubated and treatment for pneumonia was begun. It took 14 hours to get an ICU bed; when the patient was transferred at 5:30 a.m. on Dec. 12 he seemed stable, but several hours later his vitals changed and, despite medical intervention, he suffered cardiac arrest. He was resuscitated, arrested again and was resuscitated, but sustained irreversible brain damage, remaining in a persistent vegetative state, ventilator dependent, until he died in Sept. 2004, survived by 8 adult siblings (approximately $1,000,000 medl. claimed, with $419,915, the amount paid by Public Aid, allowed by the Court). The estate claimed x-rays taken at the time of hospitalization indicated congestive heart failure and pulmonary edema which deft emergency room and ICU physicians failed to diagnose and treat, causing decedent's cardiac arrest. The defense contended all medical care and treatment was appropriate; decedent was asthmatic and responding positively to nebulizer treatment; he had no history of diagnosed or treated heart disease; and the x-ray findings were also consistent with pneumonia and Seroquel overdose. Deft Dr. Bushell was a Midwestern University osteopathic student doing a residency in St. Bernard's ER at the time of the occurrence and was insured under his school's self-insurance program. Due to the number of defts, settlement negotiations were complicated and lengthy. Defense counsel reported that early discussions were vague as to specific demand amounts but were in the range of $5,000,000 to $7,000,000. Dr. Maglaya's attorney reported that, after global settlement negotiations ended, pltf made a $1,000,000 policy demand on his client, decedent's attending internist in ICU. The final demand of $2,000,000/$4,000,000 high/low was based on each "set" of defts agreeing to $500,000/$1,000,000. Post-trial motions are pending. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 3/7/2008 | | (ZZ 21/5) | MEDICAL MALPR.--HIT/RUN VICTIM BLAMES DOCTORS FOR PERMANENT INJURIES (12H)| Clifford Vandeburg v Dr. William D. Soper, William D. Soper M.D. Ltd., Dr. Matthew L. Jimenez, Illinois Bone & Joint Institute LLC, Dr. Khushroo Patel, Sumac Surgical Associates Ltd., Dr. John Piotrowski, Holy Family Hospital 03L-3595 Tried Dec. 3, 2007-Jan. 2, 2008 | | Verdict: | Not Guilty v all defts after Holy Family Hospital settled for $1,500,000 following jury selection. | | Judge: | Randye A. Kogan (IL Cook-Law) | | Pltf Atty(s): | Robert A. Strelecky and Timothy S. Tomasik of Clifford Law Offices DEMAND: $7,000,000 ASKED: $6,000,000 - $10,000,000 | | Deft Atty(s): | Kay L. Schichtel of Swanson, Martin & Bell for Soper, William D. Soper M.D. Ltd.ISMIS (ISMIS) OFFER: none; Timothy A. Weaver of Pretzel & Stouffer for Jimenez, Illinois Bone & Joint Institute LLCISMIS (ISMIS) OFFER: none; Mark J. Lura of Anderson, Rasor & Partners for Patel, Sumac Surgical Associates Ltd.ISMIS (ISMIS) OFFER: none; Marilyn M. Reidy of Johnson & Bell for PiotrowskiProAssurance (Pro Assurance) OFFER: none | | Deft Medl: | Dr. Paul L. Katz (Orthopedist), Dr. Marshall Goldin (Vascular Surgeon) and Hemal Modi, P.T. (Physical Therapist) for all defts | | Pltf Expert(s): | Dr. D. Preston Flanigan (Vascular Surgeon), Dr. Raymond Vance (Orthopedist) and Dr. Richard Zane (Emergency Medicine) | | Deft Expert(s): | Dr. Donald Fishman (Trauma Surgeon) for Soper; Dr. Steven I. Rabin (Orthopedist) for Jimenez; Dr. James Schuler (Vascular Surgeon) and Dr. W. Bruce Ketel (Neurologist) for Patel; Dr. Linda Marie Druelinger (Emergency Medicine) for Piotrowski | | | March 31, 2001, at 1:45 a.m., pltf M-18 was run over by an SUV and taken to Holy Family Hospital in Des Plaines approximately 35 minutes later. He had no movement of the lower extremity except slight wiggle of his big toe and profoundly reduced sensation from the knee down. Deft Dr. Piotrowski, the emergency room physician, diagnosed a distal comminuted fracture of the right femur and pulseless leg and began making calls to trauma, orthopedic, and vascular surgeons, and a radiologist. An angiogram was completed at 6:50 a.m., and at 8:05 a.m., pltf was taken to surgery where Dr. Paul Katz (not a deft) rodded the femur and performed thigh and calf fasciotomies, followed by deft Dr. Patel who repaired the artery and restored blood flow by 10:30 a.m. However, pltf was left with significant right leg disability including equinus deformity (ankle frozen in extended plantar-flexion), drop foot, severe scarring, disuse muscular atrophy, and loss of flesh leaving his right leg half the size of his left leg with loss of function of the leg below the knee (no medl. bills introduced). He claimed that defts' miscommunications, failure to timely accept his case, scheduling an in-department angiogram rather than an on-table angiogram in the OR, and improper staging of the surgeries caused delay of restoration of blood flow to his calf with resultant death of leg nerves and muscle. The defense maintained that trauma from the SUV impact stretched, bruised, or compressed pltf's sciatic nerve and its branches which are just behind the femur at the location where it was fractured, causing permanent injury; ischemia time did not cause the initial or subsequent injuries; and postoperative infection, a recognized risk, led to further damage. Defense counsel noted the judge gave jurors Christmas Eve, Christmas Day and the day after Christmas off; closing arguments were given on New Year's Eve. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 8/31/2007 | | (YY 46/8) | VETERINARY MALPRACTICE--DEATH OF TWO PET CATS DURING HOSPITALIZATION (12Y)| James Hanson v Donald Dwayne Adams, D.V.M. 05L-1356 (transferred to 1st Municipal District) Tried Jun. 11-12, 2007 | | Verdict: | Not Guilty | | Judge: | Patrick F. Lustig (IL Cook-1st Muni Civil) | | Pltf Atty(s): | Peter H. Honigmann, Jr. of Asperger Associates DEMAND: $100,000 | | Deft Atty(s): | Terry A. Takash of Johnson & BellAtlanticMutual (Atlantic Mutual) OFFER: none | | Pltf Expert(s): | Gail Mason, D.V.M. of Portland Veterinary Specialists, 2255 Congress St., Portland, ME (207-780-0271) (Veterinarian) | | Deft Expert(s): | Ronald D. Montgomery, D.V.M. of Auburn University College of Veterinary Medicine, 612 Hoerlein Hall, Auburn, AL (334-844-4690) (Veterinarian) | | | April 27, 2001, pltf accountant brought his sick cat to deft veterinarian for treatment at Milaknis Animal Hospital, 5638 N. Western. The cat, named Tripper, was brought in because she was not using the litter box. Tripper was evaluated and kept in the hospital overnight for observation, but died, pltf learned the following day. On Aug. 3, 2001, pltf brought another sick cat named Bully to deft for evaluation, but that cat also died while being monitored overnight at the hospital. The two cats were both 14 years old. Necropsy determined that Tripper had severe kidney and liver disease and Bully had hypertrophic cardiomyopathy due to hyperthyroidism. Pltf contended deft's treatment deviated from the standard of care and resulted in a decreased chance of survival for both cats. Defense asserted both cats were seriously ill upon presentation and deft complied with the standard of care in his treatment of the cats. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Illinois Jury Verdict Reporter Published: 6/15/2007 | | (07 Ap/9) | MEDICAL MALPR.-- JURY: DEATH AFTER BYPASS NOT FAULT OF DOCTOR, HOSPITAL (12H)| Estate of Ramana Gollakota, deceased v Dr. Zev Davis, Cardiac Surgery Associates S.C., Edward Hospital 02L-451 Tried Apr. 2-6, 2007 | | Verdict: | Not Guilty v Dr. Zev Davis and Cardiac Surgery Associates S.C.; Directed Not Guilty v Edward Hospital | | Judge: | John T. Elsner (IL, Du Page 18th Jud Cir) | | Pltf Atty(s): | Jason M. Kleinman and Rene Hernandez of Kenneth C. Chessick M.D. (Schaumburg) DEMAND: $950,000 ASKED: $2,000,000 | | Deft Atty(s): | John J. Mangan of Dykema, Gossett (Lisle) for Davis, Cardiac Surgery Associates S.C.ISMIE (ISMIE) OFFER: none; Margaret A. Unger of Johnson & Bell for Edward HospitalIllinoisProvidersTrust (Illinois Providers Trust) OFFER: EH $75,000 withdrawn | | Pltf Expert(s): | Dr. Robert J. Szarnicki (Cardiovascular Surgeon) and Susan Winsor, R.N., 3369 C Beacon St., Building 1, North Chicago, IL (847-578-5031) (Nurse, Critical Care) | | Deft Expert(s): | Dr. Cyrus Serry (Cardiovascular Surgeon) for Davis; Patricia Boylan, R.N., 9200 S. 85th Ave., Hickory Hills, IL (708-430-5482) (Nurse, Critical Care) for Edward Hospital | | | May 7, 2001, Ramana Gollakota died at Edward Hospital, following triple bypass surgery. Her estate claimed the F-71 patient developed postoperative cardiac tamponade and contended deft cardiovascular surgeon negligently failed to come to the hospital when decedent's condition deteriorated. Had he personally evaluated her, it argued, the condition could have been surgically alleviated. The suit also maintained the ICU nurse failed to properly monitor Mrs. Gollakota and to properly communicate changes in her condition to the surgeon. Deft doctor denied the patient developed cardiac tamponade and/or that surgical intervention or other treatment would have changed the outcome, contending that death was due to underlying heart disease and closure of one of the grafts. Deft hospital claimed the nurse properly communicated with the surgeon and the patient was properly monitored postoperatively. Decedent was survived by one son. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 6/1/2007 | | (YY 33/3) | MEDICAL MALPRACTICE--CHILD'S ESTATE RINGS UP BUZZER BEATING SETTLEMENT (12F)| Estate of Charod Flanigan, deceased minor v Dr. Thomas Leib, Dr. Scott Murphy, Dr. Janet Meller, Midwest Pediatric Surgical Associates P.C., Advocate Lutheran General Hospital 03L-1368 Tried Feb. 26-Mar. 14, 2007 | | Verdict: | Not Guilty v all defts. However, pltf's estate settled with Advocate Lutheran General Hospital for $500,000 during jury deliberations, approximately ten minutes before the jury rang the buzzer indicating they had reached a verdict. Special Interrogatory: Was deft Janet Meller M.D.'s conduct a proximate cause of Charod Flanigan developing short-gut syndrome which resulted in his death? "No." | | Judge: | Donald J. Suriano (IL Cook-Law) | | Pltf Atty(s): | Dennis A. Berg and Michael L. Johnson of Pipal & Berg$2,000,000 policy, $3,000,000 policy, $1,000,000 - $1,500,000 ASKED: $12,000,000 | | Deft Atty(s): | Kevin J. Vedrine and Christopher J. Solfa of Cunningham, Meyer & Vedrine (Wheaton) for Leib, MurphyISMIE (ISMIE) OFFER: none; Donna Kaner Socol and Peter C. McLeod of Hughes, Socol, Piers, Resnick & Dym for Meller, Midwest Pediatric Surgical Associates P.C.ISMIE (ISMIE) OFFER: none; Brian C. Fetzer and Jennifer Tomsak Rose of Johnson & Bell for Advocate Lutheran General HospitalSelfInsured (SELF-INSURED) OFFER: ALGH $500,000 (indicated) | | Pltf Expert(s): | Dr. Marvin E. Ament of UCLA Medical Center, 10833 LeConte Ave., Los Angeles, CA (310-206-6134) (Pediatric Gastroenterologist) and Dr. Sharon Muenchow (Pediatric Surgeon) | | Deft Expert(s): | Dr. Janis Mendelsohn of University of Chicago Hospital, 5841 S. Maryland Ave., M/C 1057, Chicago, IL (773-702-6169) (Pediatrician) for Leib, Murphy; Dr. Robert M. Arensman (Pediatric Surgeon) and Dr. Michael S. Radetsky (Pediatric Infectious Disease) for Meller | | | Charod Flanigan was born at Central DuPage Hospital on July 9, 2001, and was discharged on July 11, 2001. On July 14, 2001, he had surgery performed by deft Dr. Janet Meller at Lutheran General Hospital to correct malrotation and volvulus (twisting) of his small intestine, as well as a gastric perforation. On July 19, 2001, the infant underwent a second surgery for suspected bowel perforation, during which it was discovered that his entire small bowel, the ileocecal valve, and a portion of his large intestine were necrotic and putrefied, requiring removal. Baby Charod was left with short-gut syndrome and was placed on a transplant list for an experimental small bowel transplant, but he died of complications including renal failure at 14 months of age on Sept. 24, 2002, before he could grow large enough to have a transplant even attempted ($1,000,000 medl. bills). Estate contended deft pediatricians Scott Murphy and Thomas Leib failed to properly assess the infant's intake of formula prior to his discharge from Central DuPage Hospital on July 11, and argued if he had been kept in the hospital for a longer period of time, the malrotation would have been discovered and surgery could have prevented the onset of volvulus and the associated complications. Estate argued pediatric surgeon Meller failed to monitor Charod following the July 14 surgery, failed to timely perform the second exploratory surgery which should have been performed by July 16 or 17 due to abnormal lab results along with development of abdominal redness and increasing distension, and it would have been possible to salvage the small bowel if the second surgery had been performed sooner, before the necrosis spread. Estate further alleged Dr. Meller was the apparent agent of Advocate Lutheran General Hospital and claimed a first year resident (not sued) was negligent in not advising the attending physician of abnormal blood coagulation studies on July 16. Defense for Dr. Leib and Dr. Murphy maintained their assessment of Charod's feeding was appropriate and it was within the standard of care to discharge him from Central DuPage Hospital on July 11. Defense for Dr. Meller asserted the first surgery on July 14 was successful, her assessment and monitoring of Charod following the first surgery conformed with the standard of care, the infant's postop course was complicated by sepsis which was treated with antibiotics, the second surgery was done in a timely fashion when his condition did not improve, and the bowel death was due to a clot in the superior mesenteric artery which formed following the surgery --- a rare event. Advocate Lutheran General Hospital denied Dr. Meller was its agent and denied the existence of any apparent agency. Three jurors were excused during the trial, so parties stipulated to a verdict from the remaining 11 jurors. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 4/20/2007 | | (YY 27/1) | MED. MAL.--PHARMACY ADMITS NEGLIGENCE FOR ALLERGIC REACTION TO DRUG (12D)| Heidi Happel, Kent Happel v Wal-Mart Stores Inc. 02C-7771 (formerly 94L-12400, 02L-12341) Tried Feb. 9-23, 2007 | | Verdict: | $465,400 compensatory damages (not guilty on battery/punitive damages claim). | | Judge: | James B. Moran (USDC IL NE) | | Pltf Atty(s): | Kenneth C. Chessick and Magdalena Dworak-Mathews of Kenneth C. Chessick M.D. (Schaumburg) for both pltfs DEMAND: $55,000,000 ASKED: $165,000,000 | | Deft Atty(s): | Gregory D. Conforti and Marilyn M. Reidy of Johnson & BellAIG (AIG) OFFER: $800,000 | | Pltf Medl: | Dr. David Houlihan (Psychiatrist) and Dr. Peter Bringewald (Neuro-ophthalmologist) for Heidi | | Deft Medl: | Dr. Trent Davis (Neurologist), Dr. Brian G. Weinshenker (Neurologist), Dr. Ty L. Schwertfeger (Neurologist) and Dr. Zuhair K. Ballas (Allergist) | | Pltf Expert(s): | Dr. Alan Hirsch (Neuropsychiatrist) and Toby Clark, R.Ph. of Medical University of South Carolina, Pharmacy Services, 171 Ashley Ave., Charleston, SC (843-792-2300) (Pharmacist) for Heidi | | | Aug. 4, 1993, Kent Happel picked up his wife Heidi's prescription for Toradol at the Wal-Mart pharmacy in McHenry, IL. Toradol, a non-steroidal anti-inflammatory pain reliever (NSAID), had been prescribed by Dr. Z. Ted Lorenc for Heidi's severe menstrual cramping. Heidi had been a past customer at the McHenry Wal-Mart pharmacy and she had several medication allergies which would have been documented in Wal-Mart's computer system. She suffered from pre-existing multiple sclerosis, allergies and asthma, and her allergies to various medications included aspirin, Ibuprofen and Tylenol. Toradol is an NSAID like Ibuprofen, so a contraindication warning should have flashed on the pharmacy computer screen once the Toradol prescription was entered into the computer. Toradol should not have been dispensed to the pltf without a call being made to the prescribing physician, but there was no record of such a phone call being made, either at the pharmacy or at the physician's office. Upon receiving the Toradol at home, Heidi looked for the medication instructions and warnings, but found only a blank piece of paper with several bullet points on it. She had experienced previous allergic reactions that required emergency room treatment, including one allergic reaction to a pain medication in the aspirin/ibuprofen family, prior to the date of the occurrence. Without calling her doctor or the pharmacy, she took the pain medication and immediately began to suffer an allergic reaction which worsened over the next half hour and developed into an anaphylactic reaction, causing her to be taken to the emergency room. Heidi F-26 suffered severe respiratory distress, requiring intubation/ventilation for 15 hours and hospitalization for 4 days. She claimed she sustained anoxia and brain damage, resulting in seizures, memory loss, aphasia, permanent cognitive disabilities, post-traumatic stress disorder, and exacerbation of her multiple sclerosis ($15,400 medl. in evidence out of $130,000+ total, $60,000 LT per year for 20 years totaling $1,200,000 lifetime LT as a minister). Heidi and Kent were both studying theology at the time of the occurrence and are now both Lutheran ministers. Pltfs sought $15 million in compensatory damages and $150 million punitive damages. Defense admitted negligence, but denied Heidi sustained any permanent injury or damage and contended all of her symptoms and complications stemming from the allergic reaction had resolved within a few months of the occurrence. Defense further asserted there was no scientific or other reliable proof from which pltfs' expert could conclude that the multiple sclerosis was exacerbated as a result of the occurrence, and defense successfully barred pltfs' expert from testifying on that subject pursuant to a Daubert motion. As to the battery claim for punitive damages, defense argued Heidi either impliedly or explicitly demonstrated some consent to the contact because she took the medication knowing she had allergies without first calling her doctor or the pharmacist after she admittedly looked for and couldn't locate the instructions. Defense further maintained pltfs did not prove requisite intent to cause a harmful contact on the part of Wal-Mart, since there was some evidence that Wal-Mart had attempted to provide her with instructions and warnings and there was no evidence that a contraindication actually appeared on the computer screen since the pharmacist had no recollection of filling the prescription. The pharmacist was unable to testify at trial due to pre-Alzheimer's dementia; the pharmacy technician is deceased. Note: For a summary of subsequent appellate action regarding this case, see the Jury Verdict Reporter's Appellate Review of Damages publication at 12 ARD 17. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 4/13/2007 | | (YY 26/8) | MEDICAL MALPR.--ORAL CANCER PATIENT BLEEDS TO DEATH IN EMERGENCY ROOM (12F)| Estate of Charles James, Sr., deceased v Loretto Hospital, Dr. Hasmukh Patel, Dr. Liza Pilch, Horizon Emergency Physicians Group Ltd. 02L-10830 Tried Jan. 10-25, 2007 | | Verdict: | Not Guilty v Loretto Hospital, Dr. Liza Pilch and Horizon Emergency Physicians Group Ltd.; Directed Not Guilty v Dr. Hasmukh Patel. Before closing arguments, pltf and deft hospital entered into high/low agreement of $485,000/$300,000, so pltf will receive $300,000 from Loretto. | | Judge: | James P. Flannery, Jr. (IL Cook-Law) | | Pltf Atty(s): | Kenneth A. Hoffman and J. Wesley Mitchell of Mitchell, Hoffman & Wolf DEMAND: $1,000,000 ASKED: $1,400,000 | | Deft Atty(s): | William K. McVisk and Carl M. Schultz of Johnson & Bell for Loretto HospitalSelfInsured (SELF-INSURED) OFFER: LH $300,000 - $485,000 high/low; Richard L. Murphy and Elizabeth R. Grover of Clausen Miller P.C. for PatelISMIE (ISMIE) OFFER: none; David A. Sorensen of Hinshaw & Culbertson for Pilch, Horizon Emergency Physicians Group Ltd.ISMIE (ISMIE) OFFER: none | | Pltf Expert(s): | Dr. Steven D. Horwitz (Otolaryngologist/ENT), Dr. Richard M. Vazquez (General Surgeon), Dr. Eugene Saltzberg (Emergency Medicine) and Larry Narum of Resurrection Healthcare, 100 N. River Road, Des Plaines, IL (847-813-3210) (Hospital Administrator) | | Deft Expert(s): | Dr. John Ortinau (Emergency Medicine) and Dr. Robert Kern (Otolaryngologist/ENT) for Loretto Hospital; Dr. Brian J. Kern (Emergency Medicine) for Pilch, Horizon Emergency Physicians Group Ltd. | | | May 7, 2002, decedent Charles James was brought to Loretto Hospital's emergency room at 2:50 p.m., with uncontrolled bleeding from the floor of his mouth, a result of advanced stage squamous cell oral cancer. When the bleeding could not be controlled by deft ER physician Dr. Liza Pilch (an employee of deft Horizon, which provided contract ER doctors to Loretto), she contacted the on-call general surgeon Dr. Hasmukh Patel, as the hospital had no ENT surgeon on call to its emergency department. Dr. Patel refused to treat the patient, stating this problem was outside his area of expertise. Dr. Pilch also attempted to have the M-57 patient transferred to a hospital where he could be treated by an ENT surgeon. Cook County Hospital agreed to the transfer if Mr. James was intubated; he refused intubation and spit the packing out of his mouth. He lost consciousness at approximately 5:07 p.m. and died of hypovolemia (low blood volume) at approximately 6:08 p.m., survived by his wife and 4 adult children. The estate alleged that Loretto deviated from the standard of care for a comprehensive emergency department by failing to have an ENT surgeon on call and/or to have a written transfer agreement with another local hospital to ensure transfers took place quickly, claiming this violated an IDPH rule requiring comprehensive hospitals to have all major specialties available "within minutes." The suit further alleged that Dr. Patel deviated from the standard of care by refusing to treat the patient, that Dr. Pilch failed to properly manage the blood loss by failing to order repeat lab work and administer blood products on a timelier basis, and that Dr. Pilch should have started the transfer process sooner. Deft Loretto contended the standard of care did not require it to have an ENT on call, pointing to the difficulty of obtaining ENT surgeons to serve on-call in Chicago area emergency departments. It also denied that the standard of care required a transfer agreement, maintaining that a transfer agreement did not guarantee transfer or ensure that a transfer would take place more quickly. Dr. Patel contended that he had no duty to Mr. James as there was no physician-patient relationship and that, while he had privileges to treat problems of the head and neck, his knowledge of these was minimal and he was not trained to perform surgery to stop bleeding in the mouth. Dr. Pilch argued that she began the transfer process in a timely manner, the patient's blood loss was well controlled, his vital signs were stable and he did not require transfusion until approximately 5 p.m., when he spit out his oral packing, causing an abrupt increase in bleeding. All defts asserted that pltf's refusal to agree to intubation and transfer was part of the reason he died and that he had a severely reduced life expectancy due to cancer. Judge Flannery directed a verdict for Dr. Patel, based on absence of a physician-patient relationship, pursuant to Reynolds v Decatur Memorial, 277 Ill. App. 3d 80 (1996); a post-trial motion on that issue is pending. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 2/16/2007 | | (YY 18/2) | MEDICAL MALPRACTICE--DEATH DUE TO DELAYED DIAGNOSIS OF BREAST CANCER (12C)| Estate of Joan Debs, deceased v Associates in Ob-Gyn S.C., Dr. Dorina S. Scaunas, Lutheran General Hospital, a/k/a Advocate Health & Hospitals Corp., Dr. Nicholas Kinnas, Associated Radiologists Ltd. 02L-12850 Tried Nov. 27-Dec. 21, 2006 | | Verdict: | Not Guilty v all defts | | Judge: | Thomas L. Hogan (IL Cook-Law) | | Pltf Atty(s): | Barth H. Goldberg, Barry D. Goldberg and Ian R. Alexander of Goldberg & Goldberg DEMAND: none ASKED: $7,500,000 | | Deft Atty(s): | Michael J. Morrissey and Kevin M. Hyde of Cassiday Schade for Associates in Ob-Gyn S.C.ISMIE (ISMIE) OFFER: none; Michael T. Trucco and Stacey McConnell of Stamos & Trucco for ScaunasISMIE (ISMIE) OFFER: none; Brian C. Fetzer and Jared M. Scott of Johnson & Bell for Lutheran General Hospital, Advocate Health & Hospitals Corp.SelfInsured (SELF-INSURED) OFFER: LGH $50,000; Timothy G. Nickels and Aiju C. Thevatheril of Swanson, Martin & Bell for Kinnas, Associated Radiologists Ltd.ISMIE (ISMIE) OFFER: none | | Deft Medl: | Dr. Kenneth Breger (Internist) for all defts | | Pltf Expert(s): | Dr. Charles C. Bird (Ob/Gyn), Dr. Andrew Rosenson (Radiologist), Dr. William Gradishar (Oncologist) and Dr. Stanley Shackney (Oncologist) | | Deft Expert(s): | Dr. David Zbaraz (Ob/Gyn) for Associates in Ob-Gyn S.C., Scaunas; Dr. Thomas Cronin (Radiologist) for Kinnas, Associated Radiologists Ltd. | | | In Nov. 1999, deft obgyn Dr. Scaunas examined patient Joan Debs for her complaint of a breast lump, found a palpable 3 x 4 centimeter mass in the medial aspect of her left breast, and referred her to the Lutheran General Breast Center for consultation with a surgeon, mammogram, and ultrasound if needed. A diagnostic mammogram at the Breast Center on Nov. 19, 1999, revealed a visible 2 centimeter nodule in the medial aspect of the left breast which reportedly corresponded to the palpable abnormality. On Dec. 21, 1999, deft radiologist Dr. Kinnas performed the recommended stereotactic core biopsy of the nodule, and films taken following the biopsy showed the nodule had been entirely removed. The pathology report stated the tissue was benign, and Dr. Kinnas reccommended clinical reevaluation in six months to see if the palpable abnormality persisted. On March 14, 2000, patient F-50 saw Dr. Scaunas for follow-up of an unrelated hysterectomy. Dr. Scaunas testified that she told the patient she should have the left breast removed because the mass still persisted, while pltf claimed she was never told to see a surgeon at that time. Joan returned to Dr. Scaunas on March 1, 2001, and she had not yet had the palpable left breast mass removed. Dr. Scaunas testified she gave Joan the name and phone number of a surgeon at that time. However, Joan did not undergo an excisional biopsy of her left breast mass until March of 2002, and the surgical pathology report revealed aggressive Grade II to III infiltrating ductal carcinoma. Joan was treated with radiation and chemotherapy until Nov. 2002. The cancer subsequently recurred with diagnosis of metastasis to the liver in April 2004, and she died on July 8, 2004, at age 54 (survived by husband). Estate contended Dr. Kinnas' biopsy report was ambiguous because he stated in the report he was not convinced the nodule he biopsied in fact corresponded to the previously identified palpable abnormality, he failed to inform patient he was not sure if what he biopsied correlated to the palpable mass, he failed to adequately explain the need for follow-up, and he was an apparent agent of Lutheran General Hospital. Estate further alleged Dr. Scaunas should have followed up with the patient more aggressively based upon the ambiguity in Kinnas' biopsy report, she should have been more forceful in her recommendation to have the lump removed, and she should have referred the patient to a surgeon for excision of the mass. Pltf's oncology experts opined that Joan would be alive today if she had undergone an excisional biopsy in either March 2000 or March 2001. Defts argued Joan would be alive if she had followed Dr. Scaunas' recommendation to have the mass removed and if she had followed up as instructed by Dr. Kinnas. Dr. Scaunas' chart noted the patient was referred to the Breast Center for biopsy and excision on March 14, 2000, and defense also provided evidence that Joan told her internist (Dr. Breger) in Nov. 2000 she was scheduled for removal of a breast mass. Defense for Kinnas denied there was any ambiguity in his report, maintained his performance of the biopsy and recommendation for clinical follow-up complied with the standard of care, and refuted any inference that he biopsied the "wrong" mass. Dr. Kinnas testified it is not possible to tell if a palpable abnormality will persist following a core biopsy until the area of the biopsy heals, and asserted he provided the patient with all of the information contained in his report. Jury deliberated 1 hour and 45 minutes. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 1/19/2007 | | (YY 14/5) | MEDICAL MALPRACTICE--DELAYED DIAGNOSIS AND TREATMENT OF HEART ATTACK (12H)| Darrell Daniels, Lanell Daniels v Dr. Suresh Shah, Dr. Chariece Robinson, Dr. Devina Shah, Dr. Virendra Bisla 04L-5159 (refiled from 00L-6824) Tried Nov. 20-29, 2006 | | Verdict: | Not Guilty v Dr. Suresh Shah and Dr. Devina Shah; Deadlock v Dr. Chariece Robinson; Dr. Virendra Bisla was voluntarily dismissed during trial. | | Judge: | Edward Washington, II (IL Cook-Law) | | Pltf Atty(s): | Charles H. Cole of Schuyler, Roche & Zwirner for both pltfs DEMAND: $900,000 total ASKED: $2,700,000 total | | Deft Atty(s): | Gregory E. Schiller and Sammi L. Renken of Johnson & Bell for Suresh, CharieceAIG (AIG) OFFER: SS, CR $150,000 - $750,000 high/low; Edward J. Melia of Hickey, Melia & Associates for DevinaISMIE (ISMIE) OFFER: none | | Pltf Medl: | Dr. Theresa Matzura (Cardiologist), Dr. Mukesh Jain (Internist) and Dr. Forrest Robinson (Family Practice) for Darrell | | Deft Medl: | Dr. David Braunstein (Cardiologist) for all defts | | Pltf Expert(s): | Dr. Ted Feldman (Cardiologist) and Dr. Dean Dobkin, PMB 106, 3111 Route 38, Building #11, Mount Laurel, NJ (856-914-0134) (Emergency Medicine) for Darrell | | Deft Expert(s): | Dr. Caesar DeLeo (Cardiologist) and Dr. John J. Flaherty (Emergency Medicine) for Suresh, Chariece; Dr. Thomas A. Stern (Internist) for Devina | | | Aug. 14, 1999, Darrell Daniels (M-47 teacher) presented to the emergency room at Doctors Hospital of Hyde Park with chest pain. He was treated in the E/R by Dr. Suresh Shah, and was then admitted to the hospital for monitoring to rule out a myocardial infarction by telephone order of attending physician Dr. Devina Shah. Hands on monitoring throughout the night was completed by the house physician, Dr. Robinson. The first EKG taken in the E/R was not indicative of a myocardial infarction, and the second EKG was arguably diagnostic of a myocardial infarction but there was a factual dispute as to whether it was ever communicated to any physician. A third EKG, performed in the early morning hours of Aug. 15, was diagnostic of a myocardial infarction, and Dr. Robinson ordered a stat cardiac consult. The consult by cardiologist Dr. Bisla was not completed until 8 hours after the stat order. Dr. Bisla maintained he was never contacted throughout the night. Pltfs contended Dr. S. Shah, Dr. D. Shah and Dr. Robinson failed to timely diagnose and treat the myocardial infarction and failed to obtain a timely cardiology consultation, resulting in additional heart muscle damage and physical and psychological impairment. Defense denied any negligence and argued that defts' actions were appropriate given the information available to them. Dr. Robinson said no nurse ever informed her there was a problem contacting Dr. Bisla. Defense further asserted pltf was not physically injured by any delay in treatment and his psychological issues would have been present anyway as a result of the initial heart attack. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 11/10/2006 | | (YY 4/1) | MEDICAL MALPRACTICE--PHARMACY'S DRUG ERROR BRINGS PUNITIVE DAMAGES (12D)| Estate of Leonard L. Kulisek, deceased v Walgreen Co., James Wilmes 02L-13158 Tried Sep. 7-29, 2006 | | Verdict: | $31,351,107: $6,351,107 compensatory damages v both defts ($351,107 medical expenses; $3,300,000 survival pain & suffering; $2,200,000 loss of normal life; $500,000 disfigurement); $25,000,000 punitive damages v Walgreen. Special Interrogatories: Was the prescription error a proximate cause of Leonard Kulisek's death? "Yes." Was James Wilmes under the influence of controlled substances on Jan. 1, 2001, which was a proximate cause of the prescription error? "Yes." Did Walgreen's supervision of James Wilmes show an utter indifference or conscious disregard for the safety of others? "Yes." | | Judge: | Arthur L. Janura, Jr. (IL Cook-Law) | | Pltf Atty(s): | David A. Axelrod and Stacey L. Leinheiser of David A. Axelrod & Associates DEMAND: $6,000,000 ASKED: $31,601,107 | | Deft Atty(s): | Thomas J. Andrews and Michael C. Holy of Johnson & Bell for both deftsPartiallySelfInsured AIG (Partially SELF-INSURED; AIG) OFFER: $300,000 total | | Pltf Medl: | Dr. George Podzamsky (Internist) | | Deft Medl: | Dr. Alfredo Tiu (Nephrologist), Dr. Jeffrey S. Farbman (Neurologist) and Dr. Jose Gonzalez (Pathologist) for both defts | | Pltf Expert(s): | Dr. F. Gary Toback of University of Chicago Hospital, 5841 S. Maryland Ave., MC 5100, Chicago, IL (773-702-1476) (Nephrologist), Dr. Scott A. Kale (Internist) and Dr. Robert Barkin (Pharmacologist) | | Deft Expert(s): | Dr. Richard J. Quigg (Nephrologist), Dr. Lawrence R. LaPalio (Geriatrics) and Ronald W. Buzzeo, R.Ph. of Buzzeo PDMA Inc., 1025 Boulders Pkwy., #301, Richmond, VA (888-590-9954) (Pharmacist) for both defts | | | Jan. 1, 2001, deft James Wilmes improperly filled Leonard Kulisek's prescription for Allopurinol with the wrong medication at a Walgreen's pharmacy at 38 E. Golf Rd., Schaumburg. Wilmes, the store's pharmacy manager, erroneously dispensed Glipizide, an anti-diabetes medication used to lower blood sugar, in a bottle labeled as Allopurinol, the medicine prescribed to Kulisek to prevent recurrence of gout. On Jan. 13, 2001, after ingesting Glipizide for 2 days, Kulisek became hypoglycemic, suffered a diabetic coma, and was hospitalized with acute renal failure; he had suffered from minor chronic renal failure prior to the Glipizide ingestion, but had never been in severe renal failure. The acute hypoglycemia was allegedly the proximate cause of Kulisek developing acute severe renal failure. Four days later, Kulisek M-77 was placed on permanent dialysis. He was unable to resume his regular activities, including assisting in the care of the children of his friend Richard Marston (Administrator of Kulisek's Estate) and volunteer tutoring at a local elementary school. On May 19, 2001, Kulisek suffered a stroke, which was caused by the dialysis, after which he required 24-hour care and a feeding tube for the rest of his life. He also suffered episodes of aspiration pneumonia, and died from end stage renal disease on Nov. 11, 2002. In addition to negligence and wrongful death, pltf alleged negligent supervision and willful and wanton conduct for reckless employment of an unfit agent. From 1993 to Dec. 6, 2001, Wilmes had been stealing for his own consumption at least 8 to 9 doses of narcotic controlled substances per day from the Walgreen's where he worked. When he was caught, Wilmes admitted to the theft and consumption of more than 86,000 doses over an 8-year period. Despite the missing controlled substances, Walgreen's failed to detect the thefts prior to the date of Kulisek's prescription error, a period of over 7 years. Controlled substances are regulated pursuant to the U.S. Drug Abuse Prevention & Control Act and the Illinois Controlled Substances Act, but pltf contended Walgreen's failed to comply with these laws, failed to properly monitor controlled substances, and failed to implement policies and procedures necessary to detect the theft and ingestion of controlled substances. Defts admitted negligence in misfilling the prescription and admitted some injury was caused to Kulisek, but claimed he only sustained transient hypoglycemia and denied the error caused the renal failure, dialysis, stroke and death. Walgreen's maintained it complied with all laws and denied any negligent supervision or willful and wanton conduct, arguing it was difficult to catch the theft of 8-9 doses per day. Post-trial motions are pending. Note: For a summary of subsequent appellate action regarding this case, see the Jury Verdict Reporter's Appellate Review of Damages publication at 10 ARD 61. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 8/11/2006 | | (XX 43/1) | MEDICAL MALPRACTICE--DEATH FROM UNDIAGNOSED AORTIC DISSECTION (12H)| Estate of Herbert D. Moss, deceased v Dr. Mark Stern, Dr. Gary Pineless, North Shore Cardiologists S.C. 01L-11210 Tried May 30-Jun. 8, 2006 | | Verdict: | Not Guilty v all defts | | Judge: | Daniel J. Kelley (IL Cook-Law) | | Pltf Atty(s): | Brian Hurst and Ernest W. Beutel of Taxman & Hurst DEMAND: $2,000,000 ASKED: $2,000,000 | | Deft Atty(s): | William V. Johnson and Lynn M. Reid of Johnson & Bell for all deftsPICWisconsin (PIC-Wisconsin) OFFER: none | | Deft Medl: | Dr. Joseph F. Mitton (Emergency Medicine) for all defts | | Pltf Expert(s): | Dr. Bruce Waller (Cardiologist) and Dr. Verdi J. DiSesa of Cardiovascular Center, 701 E. Marshall St., #2, West Chester, PA (610-738-2690) (Cardiothoracic Surgeon) | | Deft Expert(s): | Dr. John F. Moran (Cardiologist) and Dr. Marshall Goldin (Cardiothoracic Surgeon) for all defts | | | May 19, 2000, Herbert Moss was admitted to Highland Park Hospital after an episode of chest pain. He was seen by defts Dr. Stern and Dr. Pineless, cardiologists, who diagnosed him with pericarditis and discharged him on May 21. Moss M-53 died suddenly on May 22, 2000 (survived by adult son). An autopsy revealed an aortic dissection and rupture. Estate contended defts were negligent in failing to diagnose aortic dissection from May 19 to May 21. Defense asserted patient did not have signs and symptoms of aortic dissection, so diagnostic tests directed at detecting this condition were not indicated, and the diagnosis of pericarditis was appropriate. Defense further argued it was unlikely that a dissection of the aorta was present until just before the patient died. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 6/30/2006 | | (XX 37/3) | MEDICAL MALPRACTICE--IMPROPER STITCHING BLAMED FOR BOWEL FISTULA (12O)| Joe Silverberg v Dr. John C. Alverdy 02L-16301 (refiled from 97L-10354) Tried Feb. 7-17, 2006 | | Verdict: | Deadlock | | Judge: | Irwin J. Solganick (IL Cook-Law) | | Pltf Atty(s): | Stephen S. Phalen of Stephen S. Phalen LLC and Terrence M. Quinn of Phillips Law Offices DEMAND: $2,500,000 ASKED: $3,800,000 | | Deft Atty(s): | Matthew L. Johnson and Sammi L. Renken of Johnson & BellSelfInsured (SELF-INSURED) OFFER: none | | Deft Medl: | Dr. Lawrence Zachary (Plastic Surgeon), Dr. Robert Kushner (Internist), Dr. Jack Pickleman (General Surgeon) and Dr. Richard Prinz (General Surgeon) | | Pltf Expert(s): | Dr. Phillip Rosett (General Surgeon) | | Deft Expert(s): | Dr. Harvey J. Sugerman, 290 Southwinds Dr., Sanibel, FL (239-472-4625) (Bariatric Surgeon) | | | Pltf M-48 underwent elective gastric bypass surgery on Aug. 28, 1995, performed by deft Dr. Alverdy at University of Chicago Hospital. On Sept. 3, 1995, pltf returned to the hospital with signs of bowel obstruction and abdominal infection. On Sept. 12, 1995, deft performed a second surgery, abdominal re-exploration, to ascertain whether there was a mechanical bowel obstruction. An enterotomy was made in the small bowel to place a small tube to search for any obstruction; ultimately, no obstruction was found. Pltf contended Dr. Alverdy improperly stitched the bowel to the fascia during this surgery, inadvertently creating a fistula. As a result, pltf had to undergo another surgery by deft to close the wound on Oct. 13, 1995. Pltf alleged Dr. Alverdy also deviated from the standard of care during the Oct. 13 surgery by attempting to stitch the fistula closed without performing a bowel resection. Another physician (Dr. Rosett) subsequently performed a bowel resection and removed the fistula in Oct. 1997. Pltf claimed complications from the fistula caused him to lose his business, Bigsby & Kruthers, because they prevented him from effectively attending to the business. Defense maintained Dr. Alverdy did not stitch the bowel to the fascia and contended the fistula was caused by the infectious process pltf was experiencing post-gastric bypass. Defense argued bowel resection on Oct. 13, 1995, would have been improper and very dangerous considering pltf's precarious medical condition at that time. As to pltf's lost business and LT claim, defense maintained pltf's medical problems had nothing to do with his business problems and asserted that the ultimate loss of the business was actually due to the company's business decisions and changes in market trends for high-end suits. Deft is self-insured through University of Chicago Hospitals. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Illinois Jury Verdict Reporter Published: 5/19/2006 | | (06 Mr/8) | MEDICAL MALPRACTICE--NO GUILT IN PATIENT'S STROKE DURING COLONOSCOPY (12H)| Alyce LaVine v Adventist GlenOaks Hospital, Dr. Utpal Parekh, Dr. Daniel O'Reilly 03L-445 Tried Feb. 27-Mar. 9, 2006 | | Verdict: | Not Guilty v all defts | | Judge: | Robert K. Kilander (IL, Du Page 18th Jud Cir) | | Pltf Atty(s): | Robert E. Haney and Gilbert W. Gordon of Marks, Marks & Kaplan DEMAND: $2,000,000 policies ASKED: $1,500,000 | | Deft Atty(s): | Sheryl M. Arrigo and Timothy L. Hogan of Donohue, Brown, Mathewson & Smyth for Adventist GlenOaks HospitalSelfInsured (SELF-INSURED) OFFER: none; David J. Bressler of Dykema, Gossett (Lisle) for ParekhISMIS (ISMIS); Marilyn M. Reidy and Carl M. Schultz of Johnson & Bell for O'ReillyPICWisconsin (PIC-Wisconsin) | | Pltf Expert(s): | Dr. Marshall Sparberg (Gastroenterologist), Dr. Ronald Curran (Vascular Surgeon), Dr. Nancy Futrell, 5292 College Dr., Murray, UT (801-263-0611) (Neurologist), Henry Brennan, Jr. (Life Care Planner) and Valerie Speat, R.N., 331 Prairie Ave., Calumet City, IL (708-862-7945) (Nursing) | | Deft Expert(s): | Janet Slonski, R.N. of Edward Hospital, 801 S. Washington St., Naperville, IL (630-355-0450) (Nursing) for Adventist GlenOaks Hospital; Dr. Michael Goldberg (Gastroenterologist) for Parekh; Dr. Morris Fisher (Neurologist) and Dr. Cyrus Serry (Vascular Surgeon) for O'Reilly | | | June 16, 2001, pltf F-74 underwent a colonoscopy at Glen Oaks Hospital, Glendale Heights, performed by deft gastroenterologist Dr. Parekh. She had a history of diverticulosis with spasm, rectal prolapse and precancerous colon polyps and had prior colon surgery in early 2000. This procedure had been originally scheduled for April 2001 to check the status of her colon, but she had cancelled that appointment. In May 2001, pltf was admitted to Glen Oaks with symptoms of a mild to moderate stroke, with residual haziness in her right visual field and was found to have 70-79% left carotid stenosis. She was discharged on Aggrenox, an antiplatelet medication, and the colonoscopy was rescheduled for June 14. According to pltf, she followed hospital instructions to stop taking the Aggrenox two days prior to the colonoscopy, contrary to physician instructions to stop the medication the night before the procedure, and began experiencing a recurrence of minor stroke symptoms. She was readmitted to Glen Oaks and placed on Heparin and the colonoscopy was put on hold pending deft neurologist Dr. O'Reilly's approval. Her symptoms resolved, allowing the colonoscopy to proceed on June 16. Four hours prior to the procedure, the Heparin was stopped. During the test, pltf experienced a vasovagal reaction, her pulse dropped to 34 and her systolic blood pressure to the mid-60's. Dr. Parekh requested Atropine, but the hospital, allegedly, had none available. Pltf's heart rate and blood pressure recovered within minutes, but, following the colonoscopy, it was discovered that she had suffered a major stroke, leaving her with permanent aphasia and right-side paralysis ($122,496 past medl., $900,000 future medl. bills). Pltf alleged the doctors were negligent in allowing and performing the colonoscopy when her condition was too unstable and in inappropriately discontinuing the Aggrenox and Heparin prior to the procedure. Further, she claimed, a carotid endarterectomy should have been performed before a colonoscopy was undertaken. Pltf argued the hospital was at fault for providing improper instructions to her prior to the scheduled June 14 colonoscopy and failing to have Atropine, an emergency medication, available to treat her hypotension and bradycardia during the June 16 procedure. The defts contended pltf had experienced new neurological symptoms while on Aggrenox. An endarterectomy was considered, but, because the typical interval between a stroke and that procedure is at least 6 weeks, the best choice to prevent another stroke was to start her on an anticoagulant such as Coumadin. However, because Coumadin carries with it a high risk of bleeding and pltf had an increased risk of gastrointestinal problems due to her colon history, it was necessary to do the colonoscopy to determine whether she could safely be started on Coumadin. Further, it was appropriate to discontinue the medications for a short period of time prior to the procedure, to minimize the risk of bleeding. They argued the colonoscopy did not cause the stroke, as pltf was talking in the endoscopy suite following the procedure and the major stroke symptoms were not noticed until a half hour later when she was back in her room. Deft hospital argued that the nurses who give instructions prior to an outpatient colonoscopy would never direct a patient to discontinue prescription medications and would tell a patient to follow her doctor's instructions. Also, Glen Oaks claimed, the discontinuation of Aggrenox by pltf prior to June 14 did not make a difference, as the antiplatelet effect of that medication remains in the system for up to a week, and she exhibited new neurological symptoms one day after she stated she discontinued taking the drug. Finally, the hospital argued that Atropine was available during the colonoscopy and, in any event, was not needed in this case. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 4/21/2006 | | (XX 27/1) | MEDICAL MALPRACTICE--PATIENT BLEEDS TO DEATH NINE DAYS AFTER SURGERY (12O)| Estate of Michael Horwitz, deceased v St. Francis Hospital of Evanston, Dr. Mustapha Kadri, Judith Ortega, R.N., Evelyn Johnson, R.N., Dr. Linda Castaneda, Dr. Kenneth Printen 02L-14727 Tried Jan. 3-30, 2006 | | Verdict: | $7,362,000 v St. Francis Hospital and Dr. Kadri ($5,500,000 loss of society; $1,000,000 survival pain & suffering; $855,000 LT; $7,000 funeral expenses); Not Guilty v Dr. Castaneda and Dr. Printen; Directed Not Guilty v both nurses. Special Interrogatory: Was Dr. Kadri's alleged negligent conduct a proximate cause of Michael Horwitz's death? "Yes." | | Judge: | James P. Flannery, Jr. (IL Cook-Law) | | Pltf Atty(s): | Barry D. Goldberg, Barth H. Goldberg and Peter A. Nicholson of Goldberg & Goldberg ASKED: $17,400,000 | | Deft Atty(s): | Patricia S. Kocour and Kelly M. Sullivan Rundio of Swanson, Martin & Bell for St. Francis Hospital of Evanston, Kadri, Ortega, JohnsonPartiallySelfInsured LondonInsurance (Partially SELF-INSURED; London Insurance) OFFER: SFHoE $1,000,000 - $3,000,000 high/low; Kathryn K. Loft and Gregory E. Schiller of Johnson & Bell for CastanedaLexingtonInsurance (Lexington Insurance); Kevin J. Burke and Thomas R. Mulroy, III of Hinshaw & Culbertson for PrintenENHSIR (ENHSIR) | | Pltf Medl: | Dr. Chris Costas (Infectious Disease) | | Pltf Expert(s): | Dr. Brian S. Kaufman of NYU Medical Center, 400 E. 34th St., New York, NY (212-263-5072) (Critical Care), Dr. John Cello of University of California--San Francisco, Box SFGH-3D8, San Francisco, CA (415-206-4767) (Gastroenterologist) and Dr. David Befeler (General Surgeon) | | Deft Expert(s): | Dr. Daniel R. Conway (General Surgeon) and Dr. Mick Meiselman (Gastroenterologist) for St. Francis Hospital of Evanston, Kadri; Dr. Jon J. Jansen of Castleton Surgical Group, 8040 Clearvista Pkwy., #240, Indianapolis, IN (317-621-5450) (General Surgeon) for Castaneda | | | On April 30, 2002, Michael Horwitz, age 57, underwent an elective Nissen fundoplication surgery for his longstanding problem of gastroesophageal reflux. The surgery, performed by deft Dr. Kenneth Printen, was a success. However, at 5:00 a.m. on May 9, 2002, the ninth postoperative day, Horwitz was found unconscious on the toilet in his hospital room after fainting, with decreased blood pressure, increased heart rate, decreased oxygen and shortness of breath. The chief resident, deft Dr. Mustapha Kadri, and the intern, deft Dr. Linda Castaneda, ordered a workup for a differential diagnosis of pulmonary embolism, myocardial infarction or seizure. Results of lab tests performed that morning came back at 6:30 a.m. revealing a low hemoglobin level of 7.4 and at 6:45 a.m. showing hemoccult positive stool (blood in stool). Estate contended these facts should have led to a diagnosis of gastrointestinal bleed. Dr. Kadri claimed he called the attending physician, Dr. Printen, at 6:50 a.m. and relayed these test results to him, but Dr. Printen maintained Dr. Kadri never told him of the 7.4 hemoglobin or positive hemoccult. Dr. Printen, who is the past president of the Illinois State Medical Society, testified that if he had been told this information, he would have ordered an immediate blood transfusion, ordered a GI consult STAT, and would have transferred patient to the intensive care unit. A repeat CBC and type and cross match were ordered. Horwitz was noted to have a large liquid bloody stool in his bed at 8:30 a.m., and a nurse informed deft intern Dr. Castaneda, who took the patient for a planned VQ scan to rule out pulmonary embolism. At 9:30 a.m., patient had another grossly bloody stool and was transferred to the ICU at Dr. Kadri's direction. Horwitz suffered an arrest at 10:30 a.m., at which time a code blue was called and blood was first transfused to him. However, he died 30 minutes later. Horwitz was a Certified Public Accountant, survived by three sons ($855,000 LT). Estate asserted that once the lab results were reported at 6:30 a.m., patient should have immediately been given blood, transferred to the ICU and had a gastroenterology consult on a STAT basis, and defts' negligence resulted in six hours of continued acute GI bleeding which caused the patient's death. Defense for the hospital and Dr. Kadri argued transfusion was not required with a 7.4 hemoglobin level until the 9:30 a.m. gross rectal bleed, of which Dr. Kadri was not aware. Defense further maintained that the sole proximate cause of death was massive bleeding which began at 5:00 a.m. and patient would have still died regardless, no matter when blood was given. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 4/14/2006 | | (XX 26/1) | MED. MAL.--PARAMEDICS BLAMED FOR BRAIN DAMAGE AFTER ALLERGIC REACTION (12W)| Estate of Shirley Johnson, deceased v Provena Hospitals, d/b/a Provena St. Joseph Hospital, Provena Convenient Care, Dr. Walter Drubka, Algonquin/Lake In The Hills Fire Protection District 03C-6015 Tried Jan. 9-20, 2006 | | Verdict: | $1,000,000 v Algonquin/Lake In The Hills Fire Protection District; Not Guilty v Provena Hospitals and Dr. Walter Drubka. | | Judge: | Magis. Morton Denlow (USDC IL NE) | | Pltf Atty(s): | James L. Farina of Hoey & Farina DEMAND: $4,250,000 ASKED: $5,000,000 - $6,037,000 | | Deft Atty(s): | Brian C. Fetzer and Sammi L. Renken of Johnson & Bell for Provena HospitalsSelfInsured (SELF-INSURED) OFFER: PH $50,000; Mark M. Burden and Michael J. Borree of Donohue, Brown, Mathewson & Smyth for DrubkaAmericanPhysiciansAssurance (American Physicians Assurance) OFFER: none; Alan J. Schumacher of Pretzel & Stouffer and Stephen H. DiNolfo of Ottosen, Trevarthen, Britz, Kelly & Cooper (Wheaton) for Algonquin/Lake In The Hills Fire Protection DistrictVFIS GlatfelterInsuranceGroup (VFIS; Glatfelter Insurance Group) OFFER: AITHFPD $63,500 | | Pltf Medl: | Dr. Richard Urgo (Emergency Medicine) and Dr. Barbara Amsler (Internist) | | Deft Medl: | Dr. Jagbir Ahuja (Gastroenterologist) for all defts | | Pltf Expert(s): | Dr. Frank J. Baker (Emergency Medicine) and Frank W. Nagorka, 55 W. Monroe St., #600, Chicago, IL (312-759-1400) (Paramedic) | | Deft Expert(s): | Dr. Patrick Fahey (Critical Care) and Dr. Robert A. Bitterman, 4500 Swing Lane, Charlotte, NC (704-544-7917) (Emergency Medicine) for Provena Hospitals; Dr. Brian J. Kern, 801 St. Stephens Green, Oak Brook, IL (630-856-6700) (Emergency Medicine) for Drubka; Dr. Max Koenigsberg (Emergency Medicine) for Algonquin/Lake In The Hills Fire Protection District | | | On Sunday, July 14, 2002, Shirley Johnson (F-54) suffered an allergic reaction and went into anaphylactic shock at home around 4:30 p.m. after eating an egg roll taken out from a Chinese restaurant; unknown to her, the egg roll had been cooked in peanut oil, to which she was allergic. Her husband drove her to Provena Immediate Care Center in Lake In The Hills, where she passed out in the front passenger seat of the car. Deft Dr. Drubka called 911 and went with a nurse out to the car in the parking lot, where he found Shirley unconscious and unresponsive to stimuli. They were reportedly unable to extricate her from the car due to her large size. An ambulance and paramedics from the Algonquin/Lake In The Hills Fire Protection District arrived four minutes after being called. Dr. Drubka told the paramedics that Shirley needed immediate intubation. Paramedics placed her in the ambulance within two minutes. Dr. Drubka claimed he offered to assist the paramedics in intubating Shirley, whose Glasgow coma scale had fallen to three (the lowest level) and who had turned blue due to lack of oxygen, but his offer was declined and he went back into the care center. Two Provena employees supported Drubka's claim. The paramedics testified they did not hear him make the offer. The paramedics stayed at the scene for 14 minutes while attempting to intubate Shirley before transporting her to Provena Hospital, which was 13 minutes away. At the hospital, she was found to be "clinically dead" with the endotracheal tube misplaced into her esophagus. She was revived, but suffered severe/profound brain damage and remained in a chronic vegetative state until her death 2.5 years later on Feb. 28, 2005 ($1,037,552 medl. bills). Her husband died in 2003, and she had no children, so case was tried on survival action only. Estate alleged wilful and wanton conduct against the Fire Protection District under the Local Governmental Tort Immunity Act because the paramedics consciously disregarded standing protocols in their treatment, violation of the Emergency Medical Treatment and Active Labor Act (EMTALA) against Provena for transferring patient's care without stabilizing her, and medical malpractice against Dr. Drubka for not intubating the patient. Defense for the FPD contended patient's jaw was clenched and thus prevented timely intubation, transfer to emergency room was a correct decision, and deviations from protocols were necessary as the situation was not covered by the protocols and the recommended treatments did not work when attempted. Defense for Provena denied any violation of EMTALA because the convenient care center did not have the facilities and capabilities to care for the patient's emergency medical condition. Defense for Dr. Drubka asserted that his care and treatment at the scene was appropriate given the circumstances. Pltf's counsel has filed a motion for a new trial on damages. Note: For a summary of subsequent appellate action regarding this case, see the Jury Verdict Reporter's Appellate Review of Damages publication at 9 ARD 15. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
| Publication: Cook County Jury Verdict Reporter Published: 1/27/2006 | | (XX 15/1) | MEDICAL MALPRACT.--DEFTS SAY NEWBORN'S CEREBRAL PALSY WAS UNAVOIDABLE (12B)| Kashief Weathers, minor v University of Chicago Hospital, Dr. Masmoud Ismail, Dr. Joseph Assaley, Dr. Randee Lopata, Dr. Ellen Arendt, Estate of Dr. Diane Woo, deceased, Dr. Karen Goldstein, Dr. Elizabeth Berry-Kravis, Dr. Anne Zielinski-Schaivly 00L-9113 (refiled from 92L-16200) Tried Oct. 31-Nov. 23, 2005 | | Verdict: | Not Guilty v all defts after Dr. Berry-Kravis and Dr. Zielinski-Schaivly were directed not guilty. | | Judge: | Randye A. Kogan (IL Cook-Law) | | Pltf Atty(s): | Philip J. Nathanson and Peter A. Nicholson of Goldberg & Goldberg DEMAND: $10,000,000 ASKED: $37,000,000 | | Deft Atty(s): | William V. Johnson and Sammi L. Renken of Johnson & Bell for all deftsSelfInsured (SELF-INSURED) OFFER: none | | Pltf Medl: | Janice Kurth (Nursing) | | Deft Medl: | Dr. Elizabeth Berry Kravis (Pediatric Neurology) and Linda McDowell, R.N. (Nursing) for all defts | | Pltf Expert(s): | Dr. Fred Duboe (Ob/Gyn), Dr. Elias Chalhub (Pediatric Neurology), Dr. Yitchak Frank (Pediatric Neurology), Dr. Gary Yarkony (Rehab/Physical Medicine), Charles Linke, Ph.D. (Economist) and Dr. Claude Wasterlain, 12211 Highwater Rd., Granada Hills, CA (818-368-1116) (Neurologist) | | Deft Expert(s): | Dr. Scott MacGregor (Ob/Gyn) and Dr. Michael V. Johnston of Johns Hopkins Hospital, 707 N. Broadway, #610 Pediatrics, Baltimore, MD (443-923-9315) (Pediatric Neurology) for all defts | | | Oct. 29, 1988, child born at University of Chicago Hospital sustained profound brain damage and cerebral palsy. Pltf contended obstetricians were negligent in failing to adequately monitor fetal monitor strips and failing to perform a C-section delivery, resulting in birth asphyxia. Pltf also alleged pediatricians caring for the baby after his birth were negligent in failing to properly diagnose and treat seizures while the infant was in the neonatal ICU, causing exacerbation of brain damage. Child has resided at Children's Habilitation Center since shortly after his birth ($1,681,640 past medl., $11,000,000-$14,000,000 future care, $2,000,000-$3,600,000 lost earning capacity). Pltf's medical witness listed above is the nursing home administrator for CHC. Defense maintained vaginal delivery was appropriate because fetal monitor strips were reassuring and there was no evidence of any distress. As to the pediatricians, defense argued seizures were timely diagnosed and appropriately treated. Defense further asserted there was an episode of hypoxia in the days prior to delivery which caused the brain damage and no action by any of the care providers could have avoided this outcome. |
(c) 2011 Law Bulletin Publishing Company | | 20-Dec-2011 11:51 | | |
Jury Verdict Reporter, © 2011 Law Bulletin Publishing Company |
|
