Deleonardis v. Defendant Opthamologist

  • Circuit Court of Cook County (Judge Jeffrey Lawrence)12/19/2008
    Counsel: Timothy L. Hogan
    Client: Defendant Ophthalmologist
    Outcome: Defense Verdict

Synopsis:

On December 19, 2008, a Cook county jury found in favor of the firm’s client, an ophthalmologist, represented by DBMS.

It was alleged that the patient, a 76-year old woman on Coumadin therapy for past stroke, suffered blindness as a result of cataract surgery that resulted in a retrobulbar hemorrhage. Plaintiff alleged that the surgeon failed to obtain INR data within three days of surgery.

Defendant contended that a normal INR reading obtained 19 days before surgery was adequate, given that the patient's Coumadin dose did not change in the interim, and she exhibited no overt signs of over anticoagulation. Defendant further contended that the patient failed to timely report the onset of pain and vomiting postoperatively, thus eliminating any chance that we had to treat the patient and avoid the hemorrhage.

Plaintiff asked for $750,000 in damages. The jury deliberated for one hour before returning a verdict in favor of defendant.