Wiencek v. Primary Care Physician, et al.

  • Circuit Court of Cook County, Illinois04/24/2012
    Counsel: Mark M. Burden
    Client: Defendant Physician
    Outcome: Verdict for the defense


DBMS successfully defended a primary care physician at trial in a high-exposure case involving the death of a 32-year-old married working mother of five young children.  

The patient had been admitted to the hospital under the care of the defendant physician for evaluation of and pain management for a severe headache. 

The defendant physician ordered Dilaudid, a potent opioid narcotic pain medication, to be given regularly to manage her pain. Unfortunately, the patient was found unresponsive within several hours of the admission.  

While the autopsy was not conclusive, the plaintiff's experts claimed the patient was overdosed on Dilaudid which lead to respiratory arrest. They asked the jury to award $6 million.

The defense was able to refute the plaintiff's argument and overcome the significant jury sympathy to obtain a defense verdict.