Malak v. Defendant Pain Management Specialist

April 16, 2010 Circuit Court of Cook County (Judge Lawrence O'Gara)
Client: Defendant Pain Management Specialist
Counsel: Sherri M. Arrigo and Timothy L. Hogan
Outcome: Defense Verdict

Synopsis: On April 16, 2010, a Cook County jury returned a defense verdict for a pain management specialist represented by Sherri M. Arrigo and Timothy L. Hogan. Plaintiff's decedent, a 52-year old married mother of four children who worked as a secretary at the local high school, underwent an elective cervical epidural steroid injection performed by the firm's client, a pain management specialist, at Tinley Woods Surgical Center, to treat neck and arm pain caused by degenerative arthritis. The co-defendant anesthesiologist provided conscious sedation for the injection, which was scheduled to be an outpatient procedure. There were no apparent complications noted during the procedure and the patient was transported to the recovery room per wheel chair in stable condition at 11:55 a.m. The patient was able to move into a recliner chair and conversed with staff upon arrival to the recovery area. A nurse briefly left the room to obtain a thermometer and when she returned to the patient's bedsideat 12:00 to 12:05 p.m., the patient was unresponsive, cold to touch, pulseless and not breathing. A Code was called and the co-defendant anesthesiologist intubated the patient and she was transported by ambulance to a nearby hospital. Upon arrival at the emergency department the endotracheal tube was found to be malpositioned and was replaced. The patient never regained consciousness and died the following day after being removed from life support. An autopsy revealed a mildly enlarged heart and a needle puncture to the dura (covering of the spinal cord) directly under the surgical area. The cause of death was noted as hypoxic ischemic encephalopathy due to hypoxia due to status post cervical epidural steroid injection. Plaintiff claimed that the firm's client negligently failed to recognize the puncture in the dura and inadvertently injected Lidocaine into the subdural space, causing a delayed "high spinal" effect which caused the cardiopulmonary arrest in the recovery room. Plaintiff also proceeded against the firm's client only under a theory of res ipsa loquitur, which permits a rebuttable presumption of negligence where the event ordinarily would not occur in the absence of negligence and the instrumentality that caused the injury is under the defendant's exclusive control. Plaintiff further claimed that the co-defendant anesthesiologist negligently misplaced the endotracheal tube in the esophagus, contributing to cause the death. The plaintiff's expert admitted under cross-examination that a puncture of the dura can occur absent negligence but testified that the defendant should have recognized it. The defense argued that there was no indication of a puncture of the dura during the procedure, fluoroscopy images confirmed the needle was properly placed in the epidural space, there was no evidence that anything was injected into the subdural space and Lidocaine was used only to numb the skin prior to the procedure and therefore could not have found its way into the subdural space. The defense further argued that the cardiopulmonary arrest occurred due to a sudden cardiac arrhythmia caused by hypertensive cardiovascular disease with left ventricular hypertrophy in a patient in the post-operative state. Counsel for the co-defendant argued that the patient suffered irreversible brain injury prior to the resuscitation, the endotracheal tube was properly placed by the anesthesiologist as confirmed by multiple observers, and the tube most likely became dislodged during transport to the hospital. In closing argument, plaintiff asked the jury to award $8 million. After deliberating for several hours, the jury returned a not guilty verdict in favor of the firm's client but found against the co-defendant for $2.91 million.

Ellis v. Defendant Gastroenterologist

February 1, 2010 Circuit Court of Cook County (Judge Diane J. Larsen)
Client: Defendant Gastroenterologist
Counsel: Anthony M. Pinto and Edward E. Fu
Outcome: Defense Verdict

Synopsis: On June 12, 2003, plaintiff's decedent was admitted to a local community hospital with abdominal pain and ascites. She was initially diagnosed with acute hepatitis of unknown etiology. The defendant gastroenterologist, after ruling out common causes of liver dysfunction, questioned whether the decedent had Budd-Chiari Syndrome, an extremely rare disease involving occlusion of the hepatic veins draining the liver. For that reason, the defendant gastroenterologist ordered a liver biopsy to rule in or rule out Budd-Chiari Syndrome and to assist in formulating a treatment plan. However, the liver biopsy could not be performed secondary to a coagulopathy that was identified on blood work. As a result, the defendant gastroenterologist recommended transfer to a nearby hospital, where a transjugular liver biopsy could be performed. The decedent’s family declined the recommendation, and instead undertook research which ultimately led to a request to transfer the decedent to the University of Chicago Hospitals. Unfortunately, no beds were available at the University of Chicago Hospitals. After several days, the decedent was discharged with instructions to present to the University of Chicago Hospitals through the Emergency Department, where she would be admitted.

On June 23, 2003, the decedent was admitted to the University of Chicago Hospitals. The following day, a transjugular liver biopsy was performed, which confirmed the diagnosis of Budd-Chiari Syndrome. Subsequently, an open liver biopsy was performed, which determined that the decedent was not a candidate for a liver transplantation because she had minimal necrosis and no cirrhosis. As a result, she was scheduled for a TIPS procedure, which was performed on June 30, 2003. Shortly after the TIPS procedure, the decedent became septic, leading to multi-system organ failure and her death on July 2, 2003.

Plaintiff alleged that the defendant gastroenterologist was negligent in failing to timely transfer the decedent to a tertiary care center, where she could receive a “team approach” for her Budd-Chiari Syndrome. Plaintiff claimed that, as a result, time was lost which prevented the health care providers at the University of Chicago Hospitals from saving the decedent’s life. The defense contended that the defendant gastroenterologist acted within the standard of care in timely diagnosing Ms. Ellis’ Budd-Chiari Syndrome and appropriately recommended transfer to a local hospital where the decedent could have received all necessary treatment, including a transjugular liver biopsy and a TIPS procedure.

In closing argument, plaintiff’s attorney asked the jury to award $16 million. After approximately two hours of deliberation, the jury returned a verdict in favor of the defendant gastroenterologist.

Carlos Sanchez, Individually and as Special Administrator of the Estate of Demitry Sanchez, deceased minor, v. Defendant Pathologist

January 14, 2010 Circuit Court of Cook County (Hon. John B. Grogan)
Client: Defendant Patholigist
Counsel: Sherri M. Arrigo
Outcome: Not Guilty

Synopsis: On January 14, 2010, a Cook County jury found in favor of the firm's client, a pathologist represented by Sherri M. Arrigo. Plaintiff's decedent, 9 year-old Demitry Sanchez, underwent removal of a mass in the left thigh at Norwegian American Hospital on August 6, 2003 after bumping his thigh on a futon couch. The surgeon's impression was of a left thigh hematoma with sub-fascial cyst. The mass was sent to pathology and the pathology slides were reviewed by the defendant pathologist. After reviewing the slides and speaking with the surgeon, the defendant issued a final pathology report indicating benign findings consistent with a hemorrhagic cyst. In March 2004, the left thigh mass re-occurred and the child was diagnosed with Stage IV cancer that had spread to the lungs. Despite aggressive treatment with surgery and chemotherapy, the child died of the disease in September 2005. Plaintiff alleged that the defendant negligently misread the August 6, 2003 pathology slides, causing a seven-month delay in diagnosis. Plaintiff's expert opined that the cancer would have been Stage I or II if diagnosed in August 2003 and the child would have survived with proper treatment. Defendant acknowledged that, in retrospect, the August 6, 2003 slides did show cancer, which was not diagnosed by the defendant. The defense argued, however, that the defendant had nonetheless complied with the standard of care because her interpretation of the slides as benign, although later found to be erroneous, was reasonable based on the information available at that time. The plaintiff's pathology expert admitted on cross-exam that pathology is an imperfect science, that pathologist's deal with limited information, that benign and malignant conditions can look similar under the microscope, and that a pathologist can miss a cancer diagnosis without being negligent. The defendant further argued that the child's had a particularly virulent and aggressive cancer that never responded well to any treatment and that the cancer most likely had already metastasized in August 2003; therefore, the seven month delay in diagnosis did not contribute to Demitry's death. In closing argument, plaintiff asked the jury to award approximately $8.5 million. After several hours of thoughtful deliberation, the jury returned a verdict for the defendant.

Owens-Jones v. Defendant Doctor

December 19, 2009 in the Circuit Court of Cook County, Illinois (Judge Deborah Mary Dooling)
Client: Defendant Doctor
Counsel: Richard B. Foster and Michael J. Borree
Outcome: Hung Jury

Synopsis: Plaintiff, the Estate of Owens, alleged that 2 year old Jahmari Owens was brought to the emergency room with cramping pain and vomiting and severe dehydration, and that the defendant emergency medicine physician failed to adequately resuscitate the child, resulting in a code and the child's death in the ER. The defendant maintained that the intussuception was early in its course, was grossly atypical in its presentation, and that the child was not severely dehydrated, but instead that the child had died of aspiration of vomit, which induced a fatal bronchospasm. The plaintiff requested $5 million in damages. After three days of deliberations, the jury was unable to reach a unanimous verdict, and a mistrial was declared. The case will be retried.

Shegog v. Bariatric Surgeon

December 10, 2009 Circuit Court of Cook County (Judge Richard J. Elrod)
Client: Defendant Bariatric Surgeon
Counsel: Sherri M Arrigo and Anthony M. Pinto
Outcome: Defense Verdict

Synopsis: On December 10, 2009, a Cook County jury found in favor of the firm's client, a bariatric surgeon represented by Sherri M. Arrigo and Anthony M. Pinto. Plaintiff's decedent, a 45-year old employed single mother, underwent Roux-En-Y gastric bypass surgery performed by the defendant on December 8, 2004. On post-operative day 2, the patient developed fever and tachycardia. The defendant ordered diagnostic studies which did not reveal an anastomotic leak. The defendant diagnosed and treated a urinary tract infection, the patient improved and was discharged on December 12, 2004. On December 16, 2004, the patient was transported by ambulance to the emergency room at another hospital with complaints of bleeding from the incision and abdominal pain. The emergency room physician examining the patient noted some clear serosanguinous drainage from the wound but no signs of infection. The patient was discharged with instructions to follow up with her surgeon the next day. On December 17, 2004, the patient appeared at the surgeon's clinic without an appointment. Clinic staff took vital signs which revealed an elevated heart rate and lower oxygen saturation and documented the patient's complaint of abdominal pain, rated 7 on a scale of 1-10. The surgeon was not in the office and did not see the patient that day but did see her for a scheduled post-operative visit at the clinic on December 20, 2004. On December 20, the patient continued to have mild tachycardia and lower oxygen saturation and the surgeon noted clear drainage from the wound, consistent with a seroma. A seroma is not an infection but is a generally benign fluid drainage that generally resolves on its own. Seromas occur in 20-40% of patients after gastric bypass surgery. In addition, the surgeon noted edema (swelling) in the lower extremities and prescribed medication to treat fluid overload. No pain complaints were noted in the record. The patient appeared for a scheduled follow-up visit on December 29, 2004, at which time the surgeon noted she had lost 33 pounds, the seroma drainage had decreased remarkably, there was no indication of infection, she was tolerating her pureed diet and she was doing "extremely well." No vital signs were documented for this visit. The surgeon requested that the patient return for follow-up in 3 months. On January 1, 2005, the patient complained of shortness of breath, paramedics were summoned and the patient suffered a cardiorespiratory arrest while en route to the hospital. Resuscitation efforts were unsuccessful and she was pronounced dead in the hospital emergency room that evening. An autopsy was performed at the family's request 5 days after the death. The cause of death per the autopsy report was pulmonary embolus and "empyematous peritonitis."

The decedent's friends and family members testified that from the time of discharge from the hospital after surgery until the time of death, the decedent became more and more ill, was unable to keep down any food without vomiting, unable to ambulate, increasingly short of breath and complaining of severe and worsening abdominal pain and having green-yellow pus discharge from the surgery incision. The plaintiff's controlled bariatric surgery expert opined that the peripheral edema, tachycardia, lower oxygen saturation and abdominal pain should have led the surgeon to suspect DVT and abdominal infection. The plaintiff's expert opined that the decedent had an intra-abdominal infection and bilateral deep venous thrombosis (DVT) at the time of the two post-operative visits to the surgeon. The plaintiff's expert testified that the patient's immobility due to ongoing infection contributed to cause the DVT which eventually led to the pulmonary embolus and death. Plaintiff alleged that the surgeon negligently failed to perform and appropriate history and physical exam, including vital signs, at the two post-operative visits, failed to order venous doppler studies to diagnose and treat DVT and failed to order an abdominal CT scan to diagnose and treat intra-abdominal infection. It was undisputed that infection, DVT and pulmonary emboli are known complications of gastric bypass surgery which can happen absent negligence. It was undisputed that the patient died from pulmonary emboli and that the pulmonary emboli (PE) most likely emanated from blood clot in the legs (DVT) but the defense denied that there was reason to suspect DVT or PE and denied that there was any indication to order a CT scan or venous doppler studies. The plaintiff's expert admitted on cross-exam that the defendant's entries in the medical records did not suggest DVT or intra-abdominal infection on December 20 or December 29 and that based on the records, there was no indication to order a CT scan or venous doppler studies on those dates. The plaintiff's expert further admitted on cross-exam that there was "a complete disconnect" between the medical records and the family's testimony. The defense also argued that, despite the autopsy findings, there was no intra-abdominal infection. The defense contended that what appeared as "pus" to the pathologist at the time of the autopsy was, in fact, benign seroma fluid that had gelled and discolored because the patient had been dead for 5 days and was already embalmed at the time the autopsy was performed. The defense argued that the sole proximate cause of the death was a pulmonary embolism, an unpredictable and unpreventable known complication of surgery.

Plaintiff asked the jury to award in excess of $3.6 million. After deliberating for less than one hour, inclusive of lunch, the jury returned a verdict for the defense

Darki v. Emergency Room Physician

November 24, 2009 in the Circuit Court of Cook County, Illinois (Judge Gerald Flannery)
Client: Defendant Emergency Room Physician
Counsel: Richard B. Foster and Timothy L. Hogan
Outcome: Defense Verdict

Synopsis: Plaintiff, a pediatrician, alleged that the defendant, an emergency medicine doctor, failed to diagnose an ST elevation MI, and failed to call for an emergent angioplasty, resulting in a claim of extensive heart damage and disability from the plaintiff's further practice of medicine. Defendant demonstrated that the patient did not meet criteria for an acute STEMI, and that the patient's infarct had begun the day before, when the patient began to experience epigastric pain. Thus, the patient was outside the window for effective intervention via angioplasty. Of note, the pediatrician was on staff at the hospital where the allegedly negligent treatment had taken place, and had actually served on hospital committees with the defendant doctor.

The plaintiff asked for $2.5 million in damages. The emergency medicine physician, along with a hospitalist and a cardiology consultant, were all acquitted by the jury after a three week trial.

Colon v. Plastic Surgeon and Corporation

November 17, 2009 Circuit Court of Cook County (Judge Donald Suriano)
Client: Defendant Plastic Surgeon and Corporation
Counsel: Anthony M. Pinto
Outcome: Defense Verdict

Synopsis: On April 15, 2005, plaintiff underwent an elective facelift performed by defendant plastic surgeon. Plaintiff alleged that defendant plastic surgeon’s surgical technique was negligent in that she inappropriately made the surgical incisions and failed to place the subcutaneous sutures in an appropriate location. Plaintiff further alleged that defendant plastic surgeon failed to obtain appropriate informed consent by advising her of the potential risks, complications and alternative forms of treatment. Plaintiff alleged that, as a result of the foregoing, she was left with significant disfigurement of her ears and painful and palpable subcutaneous sutures.

Defendant plastic surgeon argued that her surgical technique and informed consent procedure was appropriate and in compliance with the standard of care in all respects. Specifically, she argued that the surgical incisions were made in the appropriate location, as documented in post-operative photographs. She further argued that the subcutaneous sutures were placed as deeply as possible without causing the plaintiff to incur significant additional risk.

The jury returned a defense verdict in less than 30 minutes.

Lisa Handzel, plaintiff, v. Defendant, obstetrician-gynecologist

June 3, 2009 Circuit Court of Cook County (Judge Thomas Hogan)
Client: Defendant Obstetrician-Gynecologist
Counsel: Sherri M. Arrigo
Outcome: Defense Verdict

Synopsis: Plaintiff, a 45-year old divorced mother of two children, came to defendant's office in December 2003 and was diagnosed with a Bartholin gland cyst/abscess. The Bartholin glands are located on either side of a woman's vaginal opening and provide lubrication during sexual activity. Defendant initially prescribed antibiotics to treat the infection, then at the next visit, performed an incision and drainage of the abscess using a cruciate incision. This treatment was successful but several months later, the Bartholin's cyst/abscess reoccurred. Defendant recommended surgical excision of the gland due to the recurrent nature of the problem and a concern regarding possible cancer. Defendant performed the Bartholin's gland excision at Christ Hospital on March 29, 2009. At the end of the surgery, plaintiff developed a large hematoma which was drained by the defendant. At a follow-up office visit, defendant noted a small separation of the wound with a defect in the labia. Defendant referred the patient to a urogynecologist who diagnosed post-operative infection and recommended antibiotics and revision sugary to correct the labial defect. On April 27, 2004, defendant performed surgery at Christ Hospital to debride the wound, remove necrotic tissue and re-sew the wound to repair the defect in the labia. The urogynecologist assisted with the revision surgery. Defendant's operative report, dictated several months after surgery, indicated that the wound edges were well approximated without tension at the end of the revision surgery. At the first post-operative visit, however, the wound had once again separated and a small defect in the labia was noted.

Plaintiff alleged that defendant negligently recommended excision of the Bartholin's gland when a more conservative, less risky procedure known as marsupialization should have been performed. Plaintiff argued that excision of the gland should be done only as a "last resort" and that the risk of cancer was extremely remote as only 300 Bartholin gland cancers have been identified in the medical literature worldwide. Plaintiff alleged that defendant failed to advise her of her options prior to performing the excision surgery. Plaintiff further alleged that defendant improperly performed the excision surgery and that during that surgery he negligently removed a "huge chunk" of normal labia along with the cyst. Plaintiff also claimed that defendant subsequently altered/falsified the medical records to cover up his negligence. Plaintiff claimed that as a result of defendant's negligence, 2/3 of her labia is missing, leaving her "mutilated" and "hideously deformed" with severe pain, difficulty with urination, menstruation and vaginal dryness, and completely unable to engage in sexual relations.

The defense argued that excision of the Bartholin's gland is the treatment of choice for recurrent Bartholin cyst in a woman over age 40 due to the risk of cancer. Further, this patient was at increased risk of cancer due to her smoking history and history of cervical dysplasia. Here, defendant had already attempted a less risky procedure similar to a marsupialization but the problem had reoccurred. The plaintiff consented to the excision surgery after defendant properly advised her of her options. The plaintiff's expert had testified that the defendant employed an improper surgical technique by using an elliptical incision to excise the gland but the expert was impeached on cross-examination with an excerpt of a standard text that recommended utilizing an elliptical incision to excise the Bartholin gland. The defense further argued that defendant did not remove any portion of the labia and that when plaintiff developed complications after surgery, they were promptly diagnosed and treated by defendant within the standard of care. The loss of one Bartholin's gland should not significantly affect lubrication. The defense argued that the defect in the labia after the excision surgery was caused by recurrent infections in the area. The defect was appropriately repaired during the revision surgery but the wound again separated due to poor healing caused by plaintiff's recurrent infections and cigarette smoking. The permanent labial defect or missing piece of the labia was caused by the wound separation with retraction and scarring during the healing process. Furthermore, the permanent labial defect is only 2 cm, or less than one inch, and would not explain the plaintiff's current complaints.

Plaintiff asked the jury to award in excess of $1.7 million. After deliberating for less than one hour, inclusive of lunch, the jury returned a verdict for the defendant.

Joseph Nocchi v. Defendant Ophthalmologist

May 15, 2009 Circuit Court of Winnebago County, IL (Judge Ronald Pirrello)
Client: Defendant Ophthalmologist
Counsel: J. Kent Mathewson and Timothy L. Hogan
Outcome: Defense Verdict

Synopsis: Kent Mathewson and Tim Hogan successfully defended an ophthalmologist in a jury trial in Rockford. Plaintiff had alleged medical negligence against the defendant physician with regard to radial keratotomy surgery and the subsequent enhancements or revisions to that surgery. On May 15, 2009, the Winnebago County jury returned a defense verdict in favor of the defendant ophthalmologist and against the plaintiff after the plaintiff’s attorney requested $720,000 in damages. This is the third defense verdict obtained by Kent Mathewson and Tim Hogan in Winnebago County in the last two years.

Ellen Anderson, Individually and as Mother and Next Friend of Matthew Anderson, a minor and Edward Anderson, Individually v. Defendant Obstetrician

May 5, 2009 Circuit Court of Lake County, IL (Judge Margaret J. Mullen)
Client: Defendant Obstetrician
Counsel: J. Kent Mathewson and Bryan J. Kirsch
Outcome: Defense Verdict

Synopsis: On May 5, 2009, Kent Mathewson and Bryan Kirsch obtained a defense verdict in a jury trial in Lake County. Plaintiff had alleged that a defendant physician was negligent in continuing a prescription for a hypertension medication which allegedly led to a premature delivery and in utero damage to the child including chronic kidney damage which would eventually require dialysis and transplant. The plaintiff asked the jury to return a verdict between $4.6 and $6.3 million dollars. After deliberating for more than five hours, the Lake County jury returned a defense verdict in favor of the defendant physician.

Tahani Musleh, Individually and as Mother and Next Friend of Noor Al-Silwadi, plaintiff, v. Defendant Obstetrician

May 5, 2009 Circuit court of Cook County (Judge Locallo)
Client: Defendant Obstetrician
Counsel: Sherri M. Arrigo and Richard H. Donohue
Outcome: Defense Verdict

Synopsis: On May 5, 2009, a Cook County jury returned a not guilty verdict in favor of the firm's client, an obstetrician. Plaintiff was admitted to Swedish Covenant Hospital to deliver her 6th child on March 15, 2001 at about noon, several days past her due date. Plaintiff had a history of three previous cesarian sections and two successful VBACs (vaginal birth after cesarian section). Upon admission, she was examined by the defendant obstetrician and a senior family practice resident who had been primarily overseeing her prenatal care. At that time, the cervix was 5 cm dilated and 75% effaced and the fetal head was engaged. Plaintiff was having only mild, irregular contractions. Plaintiff was Group B Strep positive and the plan was to administer IV antibiotics to prevent infection to the fetus before augmenting labor. Fetal monitor tracings were reassuring. The mother was allowed to ambulate for two hours before the membranes were ruptured and a fetal scalp electrode (FSE) and intrauterine pressure catheter (IUPC) were placed at about 6:30 p.m. At 7:30 p.m., she was examined by the defendant obstetrician and the cervix was 6-7 cm dilated, 75% effaced and the fetus remained at the 0 station. Shortly thereafter, the defendant became ill with a severe migraine headache and he telephoned the "moonlighter", an obstetrician employed by the hospital to be available on the labor and delivery unit to handle emergencies, answer questions, or cover deliveries if the patient's attending physician was unavailable for any reason. The defendant testified that he asked the moonlighter to take over care of the patient and to attend the delivery and be available if the resident or nurse had questions or concerns. The moonlighter testified that he never took over as the managing obstetrician but admitted that he agreed to cover the patient during the defendant's illness and to be available for the delivery and for any questions or concerns. At 8:30 p.m., a labor and delivery nurse telephoned the defendant in the on-call room, where he was lying down. The nurse requested an order for Pitocin to augment labor and also requested an epidural. The defendant approved the Pitocin and the epidural but instructed the nurse to "run it by" the "moonlighter". The nurse started Pitocin and an epidural was administered but the moonlighter was not consulted. Thereafter, no one attempted to contact the defendant. The resident and nurse continued to monitor the patient. The fetal monitor strip began to show recurrent decelerations shortly before 10:00 p.m. At 10:20 p.m., the mother was completely dilated and began to push. By 10:30 p.m., the decelerations were more frequent but variability remained good in between contractions. At 10:40 p.m., the nurse discontinued Pitocin due to non-reassuring fetal heart tracings. At 10:43 p.m., fetal bradycardia was noted and the "moonlighter" was called to attend the delivery. The "moonlighter" arrived at 10:46 p.m. and attempted to deliver the baby with forceps. The first forceps attempt did not deliver the child and Pitocin was re-started per order of the moonlighter. The child was delivered by forceps at 11:02 p.m. but was severely depressed at birth.

Plaintiff claimed that the defendant negligently failed to perform a cesarian section upon admission because plaintiff was not an appropriate VBAC candidate according to published guidelines Plaintiff further claimed that the defendant negligently failed to examine the patient at least every hour as required by her high risk status, Plaintiff further claimed that defendant negligently failed to perform a cesarian section after the 7:30 p.m. exam despite two episodes of fetal tachycardia and two late decelerations in a high risk patient who had failed to progress appropriately in active labor. Plaintiff argued that there was no obstetrician monitoring this high risk patient and that the defendant remained responsible for her management even after the telephone call with the moonlighter. The defense argued that the patient was an appropriate candidate for a trial of labor, the standard of care did not require a cesarian section upon admission or at 7:30 p.m., the patient was appropriately monitored by the nurse and the resident, she was monitored more closely due to her high risk status by the resident and by placing the IUPC and FSE, she was not in active labor until the membranes were ruptured, her labor progress was adequate, and there were no concerns regarding the mother or the fetus until after the defendant appropriately signed off to another qualified obstetrician.

It was undisputed that the fetus was normal upon the mother's admission to the hospital and that the child, now 8 years old, has severe cerebral palsy and will need life-long care secondary to a hypoxic ischemic insult that occurred during the labor and delivery. Plaintiff's obstetrical expert testified that the injuries were caused by repeated hypoxic episodes during labor leading to a loss of fetal reserve which manifested in the terminal fetal bradycardia at 10:43 p.m. On cross-exam, the plaintiff's neonatology expert agreed that the hypoxic ischemic injury occurred in the last 19 minutes prior to delivery during the episode of fetal bradycardia. The defense argued that the sole proximate cause of the injury was an occult cord prolapse - an unpredictable and unpreventable event that abruptly cut off blood flow through the umbilical cord during the last 19 minutes prior to delivery, depriving the baby's brain of oxygen. Plaintiff asked the jury to award $18 million. After deliberating for only one hour, the jury returned a verdict for the defendant.

Blair Beeken v. Defendant Surgeon

April 24, 2009 Circuit Court of Cook County (Judge Lynn M. Egan)
Client: Defendant Surgeon
Counsel: Stetson F. Atwood and Edward E. Fu
Outcome: Defense Verdict

Synopsis: Ms. Beeken alleged that defendant surgeon breached the standard of care in connection with a laparoscopic appendectomy performed on December 3, 2004. Ms. Beeken claimed that the surgeon failed to completely remove her appendix and left approximately 30 mm of tissue at the time of the initial surgery. Ms. Beeken claimed that this resulted in her developing stump appendicitis and requiring an additional appendectomy on March 23, 2007.

The defense contended that the surgeon complied with the standard of care with respect to his performance of the December 3, 2004 surgery and that it was proper to leave portion of the appendix, which is commonly referred to as the stump. The defense also contended that the size of the stump is irrelevant as there was no evidence presented at trial that there was an increased risk for the development of stump appendicitis associated with a longer or larger stump.

Plaintiff asked for $440,000. The jury returned a verdict for the defense.

Miles v. Defendant Obstetrician

January 27, 2009 – Circuit Court of Cook County (Judge James Varga)
Client: Obstetrician
Counsel: Sherri M. Arrigo and Todd J. Stalmack
Outcome: Defense Verdict

Synopsis: On January 27, 2009, a Cook County jury found in favor of the firm's client, an obstetrician represented by Sherri M. Arrigo and Todd J. Stalmack. Plaintiffs, a 28-year old postal service worker and her husband, presented to the hospital for the delivery of their first child two days past the due date. The mother's bag of waters ruptured at home and contractions started several hours later. When she arrived at the hospital, her contraction pattern was inadequate and the cervix was not dilated. Because of the risk of infection with prolonged ruptured membranes, Pitocin was administered to augment the labor. It was undisputed that Pitocin and a prolonged labor increase risks to mother and baby. Despite Pitocin, the mother made only slow progress, remaining in latent labor. The baby was eventually delivered by cesarian section after approximately 44 hours of labor and 50 hours after the bag of waters had ruptured. Although the child was born healthy, the mother developed severe post-partum hemorrhage, ultimately requiring a hysterectomy, which rendered her unable to bear more children. Plaintiffs alleged that the defendant negligently failed to timely and adequately advise the mother of the risks of her prolonged labor with ruptured membranes and failed to strongly recommend a cesarian section to obtain her consent. The defense argued that the obstetrician properly advised the patient of the risks and benefits of cesarian section versus a continued attempt at vaginal delivery, that the patient strongly desired a vaginal delivery and initially did not consent to cesarian section, that it was reasonable to proceed with labor where the fetal heart tracing remained reassuring and there was no evidence of infection, and that the cesarian section was performed in a timely manner within the standard of care. The defense further argued that post-partum hemorrhage is a risk of any labor and delivery, that it was timely diagnosed and treated within the standard of care, and that the obstetrician made heroic efforts to save the lives of the baby and the mother. After deliberating for approximately one hour, the jury returned a verdict for the defendant.

Deleonardis v. Opthalmologist

December 19, 2008 – Circuit Court of Cook County (Judge Jeffrey Lawrence)
Client: Ophthalmologist
Counsel: Richard B. Foster and Timothy L. Hogan
Outcome: Defense Verdict

Synopsis: On December 19, 2008, a Cook county jury found in favor of the firm’s client, an ophthalmologist, represented by Richard B. Foster and Timothy L. Hogan. 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.

Opal Rogers, Special Administrator of the Estate of Odessa Jackson, deceased plaintiff v. Vascular Surgeon

December 15, 2008 – Circuit Court of Cook County (Judge James Flannery)
Client: Vascular Surgeon
Counsel: Sherri M. Arrigo and Todd J. Stalmack
Outcome: Defense Verdict

Synopsis: We represented a vascular surgeon who performed abdominal aortic aneurysm repair surgery on plaintiff's decedent, a 72-year old widow with two adult children. Several hours later, the patient was taken back to the operating room for suspected post-operative hemorrhage . Upon opening the chest, the surgeon found massive bleeding coming from two holes in the graft he had used to repair the aneurysm during the first surgery. The surgeon repaired the holes in the graft but the patient developed coagulopathy and died about 24 hours later from multiple organ system failure secondary to hemorrhagic shock. Plaintiff alleged the defendant negligently failed to timely recognize and repair defects to the graft in the first surgery and failed to timely diagnose and treat post-operative bleeding prior to the development of refractive coagulopathy that led to death. The defense argued that there was no bleeding at the end of the first surgery, that the defects in the graft occurred post-operatively as a result of a calcium shard eroding through the graft, and that the resulting hemorrhage was diagnosed and treated in a timely manner within the standard of care.

Plaintiff asked for $2.3 million in damages. After deliberating for 1 hour and 10 minutes, inclusive of lunch, the jury returned a not guilty verdict in favor of the defendant surgeon.

Ponzio v. Emergency Room Physicians and Hospital

November 21, 2008 – Circuit Court of Cook County (Honorable William Haddad)
Client: Attending Emergency Room Treating Physician
Counsel: Robert W. Smyth, Jr. and Timothy L. Hogan
Outcome: Defense Verdict

Synopsis: A forty-nine year-old decedent suffered sudden onset of sharp, severe scapular pain at home. The pain was transient, lasting less than 30 minutes. Decedent was taken to the hospital emergency room and evaluated by an emergency room resident and an attending emergency medicine physician. A cardiac workup was instituted, with a blood draw for cardiac enzymes. The first cardiac enzyme was negative for heart attack. Testimony was disputed as to reason patient left emergency area without hospitalization. Plaintiff contended that the decedent was told that a cardiac cause had been ruled out, and that he had a pulled muscle. The defense contended that decedent was instructed to be admitted into the hospital for further testing, but refused based on the advice of his brother-in-law. Decedent’s brother-in-law, a physician, was in the emergency room that evening. The brother-in-law testified that he did not participate in any discussions concerning medical care and did not give any advice to decedent. The emergency room record as charted by defendants indicated that the patient left with a diagnosis of “musculoskeletal chest pain,” and did not make any specific reference that the decedent was advised to be admitted into the hospital for further testing or cardiac follow-up.

Decedent returned home after a three-hour evaluation at the emergency room. Decedent had no symptoms until another sudden onset ten days later, when he quickly went into arrhythmia and died. Plaintiff contended that decedent suffered from acute coronary syndrome, which would have easily been diagnosed upon admission to the hospital and a proper cardiac workup. The defense contended that the final event was caused by a massive MI which could not have been predicted and would not necessarily have been avoided even with proper follow up.

Plaintiff asked for $9 million in damages. The jury returned a verdict in favor of defendants.

Stanford v. Defendant Anesthesiologist and Transplant Surgeons

November 20, 2008 – Circuit Court of Cook County (The Honorable Carol Pearce McCarthy)
Client: Anesthesiologist and two Transplant Surgeons
Counsel: Anthony M. Pinto and Sherri M. Arrigo
Outcome: Defense Verdict

Synopsis: Plaintiff’s decedent, age 31, was admitted to a local hospital on August 20, 2002, for a living donor kidney transplant. The decedent had a history of tracheal stenosis for which he had undergone tracheal resection surgery approximately 2.5 years earlier. Plaintiff alleged that the decedent developed a recurrent, severe tracheal stenosis that significantly narrowed his airway prior to the date of the kidney transplant.

Plaintiff alleged that the defendant anesthesiologist and transplant surgeons were negligent in failing to obtain an updated evaluation of the decedent’s airway prior to the kidney transplant. Specifically, plaintiff claimed that the defendants were required to order or perform a fiber optic bronchoscopy or refer the decedent back to the thoracic surgeon who had performed the tracheal resection for further diagnostic studies. Plaintiff further alleged that the transplant surgeons negligently failed to notify the Anesthesiology Service of the decedent’s history of tracheal stenosis and tracheal resection surgery. Plaintiff further alleged that the defendant anesthesiologist intubated the decedent with an endotracheal tube that was too large for the decedent’s narrowed airway. Plaintiff alleged that, as a result of the foregoing, the defendant anesthesiologist performed a traumatic intubation that caused the decedent’s death secondary to closure of the decedent’s airway following extubation.

The defense argued that the defendant anesthesiologist and transplant surgeons acted appropriately in all respects. Specifically, the decedent was referred back to the thoracic surgeon who had performed the prior tracheal resection in order to obtain clearance for the kidney transplant. The defense further argued that fiber optic bronchoscopy prior to surgery was not indicated given the decedent’s absence of symptoms and patent chest x-rays. The defense further argued that the sole proximate cause of the decedent’s airway loss was systemic edema secondary to the large amount of fluid necessary to complete the kidney transplant surgery.

A Cook County jury returned a verdict in favor of all defendants.

McGee/Gordon v. ER Doctors

October 2, 2008 Circuit Court of Cook County
Client: Three Emergency Room Physicians
Counsel: Donald J. Brown, Jr.
Outcome: Defense Verdict

Synopsis: A 26-year old mother of two came to the emergency room complaining of a headache. She had a complicated medical history and was pregnant. She had no fever, neck pain or altered mental signs. Over approximately seven hours in the ER, attempts were made to treat the headache and diagnose what was causing it. Despite their efforts, the emergency room doctors did not did not reach a diagnosis. They brought in the neurology service and, finally, when the patient began seizing after a CT and an MRI, the neurosurgery service was asked to assist. Ultimately, the patient was pronounced dead two days later. Upon post-mortem examination, the cause of death was determined to be bacterial meningitis. This was never diagnosed and the doctors were criticized for failing to do certain types of tests. The defense was based on the reasonableness of the actions taken, given the patient’s presentation and medical history.

Galowich v. Defendant Pathologists

September 18, 2008 Circuit Court of Cook County (Dooling)
Client: Pathologists
Counsel: J. Kent Mathewson and Tanya E. Poth
Outcome: Defense Verdict

Synopsis: During a trial before Judge Debra Dooling, the plaintiff alleged that the defendant pathologists had failed to properly interpret biopsy specimens and conduct further inquiry to avoid a false positive diagnosis of mucinous adenocarcinoma in the 56-year-old plaintiff’s rectum. It was alleged that the misdiagnosis led to the unnecessary removal of the plaintiff’s rectum and descending colon and the creation of a permanent and irreversible colostomy. At the time of trial, the plaintiff was 61 years old and sought $11.8 million dollars in damages from the jury. The defense successfully argued that reasonable care had been utilized in interpreting the pathology specimens and that the diagnostic criteria for cancer were present on the specimens.

Davis v. Defendant Lasik Surgeon and Clinic

September 3, 2008 Circuit Court of Cook County (McWilliams)
Client: Lasik Surgeon and Clinic
Counsel: Richard Foster and Timothy Hogan
Outcome: Defense Verdict

Synopsis: A 40 year old female pharmaceutical salesperson underwent lasik surgery to both eyes for myopic astigmatism in 1998, with enhancement surgery performed on both eyes in 1999. She alleged that the defendant surgeon and practice failed to properly measure her pupil size in dim light and thus discover her abnormally large pupil, and that the practice as a result failed to inform her of her enhanced risk of developing night vision problems following surgery. She claimed "night blindness" after surgery caused by halo and starburst effects in low light conditions which disabled her from driving or working at night, and severely impaired all dim light activities. We contended that her dim light pupil size had been repeatedly and accurately measured and found to be normal, that she was informed of all risks of the procedure, and that a larger than normal pupil measured by subsequent ophthalmologists was caused by her chronic use of antihistamine and antidepressant medications. We further contended that any link between mesopic pupil size and enhanced lasik night vision risk had been disproven by multiple studies. Plaintiff asked the jury for $2.5 million, while the jury deliberated for less than one hour before returning a defense verdict.

Agins v. Defendant Otolaryngologists and Otolaryngology Group

July 2, 2008 Circuit Court of Cook County, Illinois (McWilliams)
Client: Otolaryngologists and Otolaryngology Group
Counsel: Robert W. Smyth, Jr. and Kristin M. Gruss
Outcome: Defense Verdict

Synopsis: During the spring of 2000, the plaintiff's decedent, an orthopedic surgeon at a local hospital, began experiencing nose bleeds. He was seen once by the co-defendant, who cauterized the nose bleed and discovered a large mass in the decedent's nose. The co-defendant instructed the decedent to follow up with the firm's client for further examination and treatment. However, the decedent failed to do so, and in October 2000 was diagnosed with an olfactory neuroblastoma. He died in October 2002 due to complications from the olfactory neuroblastoma.

Plaintiff alleged that the decedent had actually treated with the firm's client, despite any evidence in support of such a claim, and that the firm's client failed to biopsy the nasal mass, thus delaying the cancer diagnosis. Defendants were barred by the Dead Man's Act from introducing evidence of various conversations that the firm's client had with the decedent, exhorting the decedent to come in to the office for examination and treatment. Defendants argued that had the patient returned to the office for examination and treatment, as instructed, then the mass would have been biopsied and the cancer diagnosed earlier.

The jury returned a verdict in favor of the defendants.

Szerbinski v. Orthopedic Surgeon

June 27, 2008 Circuit Court of Cook County, Illinois (Elrod)
Client: Orthopedic Surgeon
Counsel: Richard H. Donohue and Anthony M. Pinto
Outcome: Defense Verdict

Synopsis: On January 8, 1998, plaintiff underwent a total knee arthroplasty at West Suburban Hospital, performed by the defendant orthopedic surgeon. Plaintiff’s past medical history was significant for diabetes and a prior high tibial osteotomy to the same knee. As a result, he was at an elevated risk for slow wound healing and infection. Plaintiff’s incision site continued to drain until early February 1998. At that time, the incision closed and healed with the exception of an approximately one-inch eschar at the distal end of the incision. From February 1998 through May 1998, plaintiff gradually improved, in that his pain level decreased and his range of motion improved. However, the eschar remained. On June 1, 1998, plaintiff developed an acute infection in the knee, leading to eight additional surgeries. The additional surgeries included multiple debridements, hardware removal, a muscle flap and ultimately fusion of the knee joint.

Plaintiff alleged that the defendant was negligent in failing to close the incision site completely at any point between the date of surgery and June 1, 1998. According to plaintiff, the closure could have been done by removing the eschar and either approximating the skin or consulting a plastic surgeon for consideration of a muscle flap. Plaintiff’s argued that, had the defendant done so, the infection would not have developed, the total knee arthroplasty would have been a complete success and the subsequent medical care, including hardware removal and fusion, would not have been necessary.

The defense argued that the defendant acted appropriately in conservatively managing the incision site post-operatively. Specifically, the incision, including the eschar, was gradually improving and, as a result, it would have been poor medical judgment to surgically remove the eschar and attempt to close the skin with additional surgery, which may not have been successful. The defense further argued that the sole proximate cause of plaintiff’s infection and subsequent course was an incident in which he soaked the incision site while working in or around his pool the weekend before the infection, as documented in the defendant’s office chart.

The jury returned a defense verdict in less than one hour.

Nesper v. Cardiothoracic Surgeon

May 23, 2008 Circuit Court of Cook County, Illinois (Flannery)
Client: Cardiothoracic surgeon
Counsel: Anthony M. Pinto and Kristin M. Gruss
Outcome: Defense Verdict

Synopsis: Plaintiff's decedent, William Nesper, a 73 year old retiree, was admitted to a local hospital on July 5, 2001, for mitral valve repair surgery, an open heart procedure, performed by the firm's client. He did well for the first week following surgery, then began developing a rare form of pneumonia called bronchiolitis obliterans organizing pneumonia. This is a rare inflammatory reaction which results in destruction of the bronchioles and respiratory failure. Once diagnosed, this was treated appropriately. Unfortunately, after initial improvement, the patient again declined and died on August 9, 2001. Plaintiff alleged that the patient developed endocarditis, an infection of the heart, although there were no clinical signs or symptoms of any such infection and the blood cultures were negative for a blood stream infection. Plaintiff further alleged that the mitral valve repair surgery was improperly performed. The firm's client, a well-known cardiothoracic surgeon, denied that he performed the surgery improperly and denied that the patient had endocarditis. A Cook County jury returned a verdict in favor of the defendant.

Sullivan v. Defendants Hospital, Cardiologist, and Cardiology Group

May 14, 2008 Circuit Court of Cook County, Illinois (Washington)
Client: Cardiology Group
Counsel: Stetson F. Atwood
Outcome: Defense Verdict

Synopsis: In May, 2001 the 39 year old plaintiff went to his chiropractor stating that he believed he “popped a rib” while playing golf the previous day. Plaintiff also complained of having chest pains the previous evening. The chiropractor would not treat the plaintiff until a cardiologist had evaluated him. Plaintiff went to the cardiologist the same day and tests were performed at the hospital’s ER to rule out a heart attack. After several tests, a chest x-ray revealed a 4.5 centimeter calcified mass, which the doctors described as an incidental finding. Plaintiff denied he was ever informed of the mass or that he was to follow-up with the doctor within 14 days. The printed discharge instructions contained errors, in telling the plaintiff to follow up with his family doctor. There was no mention of the mass in the discharge instructions and plaintiff had no knowledge of the mass. Three years later in a visit to the cardiologist complaining of chest pain and difficulty breathing, the cardiologist opened the plaintiff’s chart and found the x-ray report. Defendant cardiologist claims never to have previously seen the report. The tumor had grown from 4.5 centimeters to 19 centimeters and accelerated from a Stage I or II to Stage IV. Plaintiff underwent surgery for the removal of the tumor and portions of his lung and other organs it affected. Plaintiff had a reduced life expectancy. Defendant cardiologist denied the ER ever informed him of the mass and that he had never seen the x-ray report. Records showing the doctor’s “two check mark” system indicated otherwise. Plaintiff contended the hospital was negligent in informing him of the mass, failing to confirm he understood the significance of the finding, failing to inform the cardiologist of the finding, and failing to print our proper discharge instructions. Defense for the hospital argued that, based on custom and practice, the plaintiff would have been told about the finding, the cardiologist was informed via telephone and the report was delivered to the correct doctor. The jury deliberated approximately 5 hours before delivering a not guilty on all defendants.

Fantucchio v. Reproductive Endocrinology Physician and Fertility Clinic

May 1, 2008 Circuit Court of Cook County, Illinois (Cunningham)
Client: Fertility clinic
Counsel: Kristin M. Gruss
Outcome: Defense Verdict

Synopsis: Plaintiff underwent several cycles of fertility treatments with the co-defendant doctor (a reproductive endocrinologist) at the defendant fertility clinic, represented by Kristin M. Gruss. Plaintiff signed several sets of consent forms which specifically set out the risks of treatment, and the medical records of the clinic documented numerous conversations between the co-defendant doctor, the nurse at the clinic, and the plaintiff in which the possible risks and complications of fertility treatments were discussed. During her ninth cycle of treatment, the plaintiff experienced one of the complications of fertility treatment of which she had been warned, and was hospitalized. She later sued, alleging that the defendants had failed to obtain her informed consent. A Cook County jury returned a verdict in favor of the defendants.

Wier v. Defendant Orthopaedic Surgeon

April 30, 2008 Circuit Court of Cook County, Illinois (Hon. Henry Simmons)
Client: Orthopaedic Surgeon
Counsel: Sherri M. Arrigo and Todd J. Stalmack
Outcome: Defense Verdict

Synopsis: Plaintiff, a 35 year-old Chicago police officer, was evaluated in the office by the defendant after he injured his ankle on the job. The defendant diagnosed the plaintiff with a moderate to severe medial ankle sprain and placed a short leg walking cast and recommended a follow-up office visit in one month. Plaintiff alleged that he called defendant's office three days after the initial visit and complained of excruciating pain and swelling at the top of the cast. Although no office record documented the phone call, defendant did not dispute that plaintiff called the office with complaints of pain based on pharmacy records which showed plaintiff filled a prescription for pain medicine prescribed by defendant on that day. Defendant testifed that it is not unusal for a patient to complain of some increased pain and swelling after a walking cast is placed and that these complaints typically resolve with elevation, rest and pain medication. Defendant agreed that the standard of care required an immediate examination if plaintiff had complained of excruciating pain and severe swelling but further testified that his office would have instructed plaintiff to be seen immediately had such complaints been made. The defendant's nurse also instructed the plaintiff to come to the office or go to the emergency room if the pain or swelling persisted. Plaintiff returned for his scheduled follow-up visit in the office one month later and the cast was removed. The defendant examined the ankle after the cast was removed and found the ankle to be normal. Plaintiff saw the defendant for a follow-up visit one month after the removal of the cast and complained of increasing pain around the ankle. An examination revealed two small nodules around the ankle. The defendant ordered a venous ultrasound which revealed acute superficial venous thrombosis and acute deep venous thrombosis which the defendant treated with medication. Plaintiff continued to have complaints of pain and swelling in his leg and the defendant eventually refered plaintiff to his primary care physician and general surgeon who performed a series of vein stripping surgeries in an attempt to relieve the pain and swelling.

Plaintiff alleged that the defendant failed to see the plaintiff in his office when plaintiff called with complaints of pain and swelling three days after the defendant placed the cast. Plaintiff further alleged that as a result of the defendant's failure to evaluate him in the office, defendant failed to diagnose superficial venous thrombosis and deep venous thrombosis, which led to the development of deep venous insufficiency, several vein stripping surgeries and ultimately the development of a chronic regional pain syndrome. The defense argued that it was within the standard of care to prescribe pain medications and instruct the patient to follow-up given the patient's complaints. The defense further argued that according to the defendant's exams and the venous ultrasound reports, the deep venous thrombosis and superficial venous thrombosis did not develop until after the cast was removed and therefore was not present when plaintiff called defendant's office three days after the cast was placed. During closing arguments, plaintiff's counsel asked the jury to award the plaintiff over $1.0 million dollars for 8 years of lost wages and pain and suffering. The jury deliberated for 35 minutes before returning a verdict in favor of the defendant.

Hight v. Emergency Room Physician

April 1, 2008, Circuit Court of Cook County, Illinois (Elrod)
Client: Defendant Emergency Room Physician
Counsel: Sherri M. Arrigo and James D. Sloan
Outcome: Defense Verdict

Synopsis: The decedent, a 32-year-old male, presented to the emergency department with a chief complaint of chest pain radiating to the left side of the back and was evaluated by the defendant, an emergency room physician. The patient rated the pain as a six (6) on a scale of one to ten. When the defendant spoke with the patient, the patient indicated that his chest and back pain was improving, but that he also was experiencing epigastric pain. The decedent also reported that, the day prior, he had worked out on an abdominal machine and ate a heavy meal. After an EKG ruled out a myocardial infarction, the defendant diagnosed gastroesophageal reflux disease (GERD), which is heartburn, and instructed the patient to return to the emergency department if his condition worsened. The patient collapsed at work three days later and died, the cause of death being an aortic dissection. It was undisputed that the patient had an aortic dissection at the time of the emergency department presentation, but the defense argued that the patient’s complaints and symptoms were extremely atypical of aortic dissection. The defense further argued that the patient was taking the workout supplement Ephedra but failed to report his Ephedra use to the defendant. Defense counsel maintained that, had the defendant known about the decedent’s Ephedra use, the defendant would have consulted a cardiologist and had the patient admitted to the hospital. Defense counsel further argued that, by increasing the blood pressure, the Ephedra use contributed to causing the aortic dissection. During closing arguments, plaintiff’s counsel asked the jury to award the plaintiff, the decedent’s mother, $13.5 million. The jury deliberated for 1.5 hours before returning a verdict in favor of the defendants.

Charles v. Obstetrician-Gynecologist

February 22, 2008, Circuit Court of Cook County, Illinois (Suriano)
Client: Defendant Obstetrician-Gynecologist
Counsel: Sherri M. Arrigo and Kristin M. Gruss
Outcome: Defense Verdict

Synopsis: Sherri M. Arrigo and Kristin M. Gruss recently obtained a verdict in favor of the firm's client, an obstetrician-gynecologist, and his group. The plaintiff was admitted to Gottlieb Memorial Hospital on December 4, 2001, in labor with her first child. She received her prenatal care from the firm's client. She was diagnosed with gestational diabetes during the pregnancy. During the delivery at issue, shoulder dystocia was encountered. Our client performed the proper maneuvers and used the appropriate amount of traction to accomplish delivery. The infant was diagnosed with a left brachial plexus injury after birth. Plaintiff argued that the defendant used excessive force in delivering the infant. The jury returned a verdict of not guilty.

Tibbitts vs. Defendant Orthopedic Surgeon

January 25, 2008, Circuit Court of Cook County, Illinois (Berman)
Client: Defendant Orthopedic Surgeon
Counsel: Mark M. Burden and Todd J. Stalmack
Outcome: Defense Verdict

Synopsis: The defendant performed an elective two level spine fusion to treat the plaintiff’s chronic low back pain. The plaintiff at the time of surgery was a 33-year old baggage handler for United Airlines. Plaintiff initially did well after the fusion, but then the fusion failed, which is a recognized complication of the procedure. The plaintiff underwent a subsequent surgical procedure by another surgeon to revise the fusion, and unfortunately after that the plaintiff developed a significant infection, which led to four additional surgical procedures. The plaintiff claimed that his ability to perform a job as a baggage handler was significantly impaired and he missed seven years of work after the initial surgery but by the time of trial had to return to work on a part-time basis. The plaintiff also claimed that because of the alleged negligence he now suffers from permanent, chronic and disabling back pain and left radiculopathy. The plaintiff’s experts testified at trial that the fusion procedure was not indicated and should not have been performed because the defendant physician did not prescribe a sufficient course of conservative treatment prior to surgery. The defense successfully argued that the plaintiff’s long standing history of chronic back pain and prior treatment by other physicians over a significant period of time, along with positive radiographic imaging studies formed a sufficient basis to recommend a fusion procedure to treat the patient’s condition. The jury deliberated for about three hours before rendering a verdict in favor the defendant.

Duarte v. Defendant OB/GYN

November 2, 2007, Circuit Court of Cook County, Illinois (McCarthy)
Client: Defendant OB/GYN
Counsel: Sherri M. Arrigo and Kathryn Stalmack
Outcome: Defense Verdict

Synopsis: The defendant performed an elective dilation and evacuation procedure ("D & E") to terminate the plaintiff's second trimester pregnancy due to fetal anomalies. In the recovery room after the D & E, the patient developed signs of uterine hemorrhage and was returned to surgery, where two uterine perforations and a bowel injury were repaired. The patient was stable overnight in the intensive care unit but developed signs of bleeding again the following morning and was returned to the operating room for a third surgery, during which the defendant OB/GYN performed a hysterectomy to control uterine bleeding. As a result, the 27-year old plaintiff is unable to bear more children. It was undisputed that the uterine injuries were caused by the D & E; however, the plaintiff's expert acknowledged that uterine perforation is a known risk of D & E and did not criticize the defendant's performance of that procedure. Plaintiff alleged that the defendant negligently failed to suture the perforation during the third surgery and performed an unnecessary hysterectomy. The defense successfully argued that bleeding could not be controlled despite reasonable conservative measures and the hysterectomy was not only necessary, but life-saving. The jury deliberated for two hours, inclusive of lunch, and returned a verdict in favor of the defendant.

Gajewski v. Defendant Hospitalist Physician

October 25, 2007, Circuit Court of Cook County, Illinois (Flannery)
Client: Defendant Hospitalist Physician
Counsel: Richard B. Foster and Timothy L. Hogan
Outcome: Defense Verdict

Synopsis: The defendant, an internist employed as a hospitalist, began anticoagulation therapy on a 79 year old inpatient because of atrial fibrillation, a past history of old stroke that was previously undiscovered, and because of multiple DVTs found during a hospitalization for pneumonia and broken ribs suffered in a fall. The patient was concurrently given aspirin, Lovenox, and Coumadin, which plaintiff claimed was contraindicated. The patient died of a large retroperitoneal bleed. The jury returned a defense verdict after only 40 minutes of deliberations.

Tunnat v. Defendant Electrophysiologist

October 22, 2007, Circuit Court of Cook County, Illinois (Cunningham)
Client: Defendant Electrophysiologist
Counsel: Robert W. Smyth, Jr. and Kathryn Stalmack
Outcome: Defense Verdict

Synopsis: A Cook County jury returned a verdict in favor of the firm's client, a nationally reknown electrophysiologist (a specialist in cardiac arrythmias). The case involved the performance of a cardiac ablation on a three year old boy. A complication occurred during the ablation procedure which left the boy with permanent heart block and the need for a surgically implanted pacemaker for the rest of his life. The attorney representing the young boy requested a verdict in the amount of $7million. The case was tried from October 5 until October 22, 2007.

Ruiz v. Defendant Bariatric Surgeon

October 17, 2007, Circuit Court of Cook County, Illinois (Simmons)
Client: Defendant Bariatric Surgeon
Counsel: Sherri M. Arrigo and L. Michael Tarpey
Outcome: Defense Verdict

Synopsis: Plaintiff alleged that the defendant failed to initiate IV antibiotics and transfer 34-year old female patient (employed wife and mother of two young children) to ICU when she developed a fever and abnormal vital signs one day after defendant performed gastric bypass surgery. The defendant ordered lab work, increased IV fluids, medications, and a STAT upper GI x-ray, which was negative for a surgical leak. Upon return from x-ray, the patient's vital signs were improved and she reported feeling better. However, approximately two hours later, nurses found the patient in bed, unresponsive, pulseless and not breathing. Resuscitation efforts were unsuccessful. Blood culture results came back after the death showing three different types of bacteria in the bloodstream. An autopsy revealed massive liver necrosis. Plaintiff claimed that the patient died of sepsis resulting in acute liver failure. Defendant successfully argued that defendant complied with the standard of care, the patient was not clinically septic, and the patient's acute liver failure and death were caused by non-oxidative stress from surgery in a morbidly obese patient. Plaintiff's counsel had asked the jury to award in excess of $8 million.

Lobano v. Defendant OB/GYN

August 2007, Circuit Court of Cook County, Illinois (Berland)
Client: Defendant OB/GYN
Counsel: Richard H. Donohue and Sherri M. Arrigo
Outcome: Defense Verdict

Synopsis: Plaintiff alleged that the defendant OB/GYN failed to timely deliver her baby, causing hypoxic ischemic injury and resulting in infant's death three months after birth. Defense successfully argued that the labor was primarily managed by a midwife, and the defendant OB/GYN responded promptly when he was consulted and delivered the baby as quickly and safely as possible. The jury returned a verdict in favor of the defendant.

Tomason v. Defendant Ophthalmologist

July 2007, Circuit Court of Winnebago County, Illinois (Prochaska)
Client: Defendant Ophthalmologist
Counsel: J. Kent Mathewson
Outcome: Defense Verdict

Synopsis: A Winnebago County jury found in favor of a defendant ophthalmologist represented by J. Kent Mathewson on July 13, 2007. In requesting more than one million dollars in damages, the plaintiff alleged that the defendant ophthalmologist had failed to obtain a proper informed consent relative to a contemplated Lasik procedure on a patient with glaucoma. The plaintiff experienced a significant progression of her glaucoma resulting in loss of visual field and the need for several subsequent surgeries. The defense successfully contended that the Lasik had no effect on her glaucoma.

Hernandez v. Defendant Physician

June 2007, Circuit Court of Cook County, Illinois (Flannery)
Client: Defendant Physician
Counsel: Mark M. Burden and James D. Sloan
Outcome: Defense Verdict

Synopsis: Plaintiff presented to the hospital in a semi-comatose state. She had been previously diagnosed with a pituitary tumor and underwent surgery to remove that tumor. As part of her treatment a ventriculoperitoneal (VP) shunt was placed to drain excess cerebral spinal fluid. Plaintiff was then admitted to the intensive care unit to the service of the hospitalist service, including the defendant. While in the hospital, she greatly improved, and the treating neurosurgeon felt she could be transferred out of the ICU to a regular floor. However, during the afternoon and into the evening, before leaving the ICU, plaintiff developed a severe headache that was not responding to pain medications, vomited, and developed bradycardia, with a heart rate into the 40's. The hospitalist caring for the patient evaluated her and did not suspect that her symptoms were the result of increased intracranial pressure or a malfunctioning shunt because she appeared relatively stable at the time of his evaluation. Two hours after the evaluation, she had a seizure and suffered a terminal brain hernation and brain death. Plaintiff's experts testified that the defendant deviated from the standard of care by failing to follow-up more aggressively on her suspicion that the patient's shunt was malfunctioning and had led to a dangerous increase in the patient's intracranial pressure. Defense argued that defendant complied with the standard of care when she contacted the neurosurgeon to discuss concerns with him and he assured her the patient's shunt was not the cause of her problems. The jury returned a verdict in favor of the defendant.

Baker v. Sisters of St. Francis, et al.

March 2007, Circuit Court of Cook County, Illinois (Grogan)
Client: Defendant Physician
Counsel: Richard H. Donohue, Sherri M. Arrigo and Todd J. Stalmack
Outcome: Defense Verdict

Synopsis: Plaintiff presented to the emergency room with complaints of severe chest pain and shortness of breath. Chest x-rays were abnormal and showed patchy infiltrates. She had recently had an upper respiratory infection for which the defendant physician had prescribed antibiotics. At the emergency room, plaintiff was given a provisional diagnosis of pneumonia and sent home by the attending E/R physician. Plaintiff saw defendant physician the next day in her office and her condition was much improved. Three days later plaintiff called the defendant physician to report her chest pain was now located in a different area and an appointment was set. However, plaintiff was found unresponsive at home the morning of set appointment and pronounced dead at the hospital. The jury returned a verdict in favor of the defendant.

Gibbons v. Defendant Urologist

January 2007, Circuit Court of Cook County, Illinois (Solganick)
Client: Defendant Urologist
Counsel: Mark M. Burden
Outcome: Defense Verdict

Synopsis: Plaintiff, a disabled iron worker, underwent a surgical procedure performed by the defendant, a urologist. Defendant diagnosed the plaintiff with bladder stones and an enlarged prostate, which conditions contributed to plaintiff’s urinary symptoms. Before the surgery, plaintiff complained of urinary urge incontinence and blood in the urine. Plaintiff testified that immediately after surgery, his urinary incontinence was greatly exacerbated, requiring him to wear adult diapers until he underwent a corrective surgery by a subsequent treating urologist. Plaintiff alleged that defendant’s surgery was not indicated and that defendant failed to perform a cystometrogram before surgery. According to plaintiff’s expert, if defendant had performed a cystometrogram before surgery, he would have diagnosed the plaintiff with a neurogenic bladder and would not have treated him surgically. The defendant contended that the development of the plaintiff’s bladder stones proved that the plaintiff had an obstructive prostate which needed to be surgically resected. The jury returned a verdict in favor of the defendant-urologist.

Kooi v. Provena St. Joseph/ Morris Health Network, et.al.

December 4, 2006 Circuit Court of Cook County, Illinois (Egan)
Client: Physician
Counsel: Sherri M. Arrigo and Timothy L. Hogan
Outcome: Defense Verdict

Synopsis: The firm's client was an Emergency Room Physician at Provena St. Joseph's in Joliet, IL. The plaintiff, a 31 year old male, contended that the defendant physician failed to properly diagnose and treat the plaintiff's ischemic stroke after he presented to the emergency room with neurological symptoms. The plaintiff claimed that the failure to diagnose the ischemic stroke deprived him of the opportunity to receive the drug TPA within the three hour window of opportunity for giving the drug after the onset of symptoms.

The plaintiff requested approximately 6.3 million dollars from the jury and claimed that he suffers from left sided paralysis, seizure disorder and cognitive disorders as a result of the ischemic stroke. After nearly three weeks of trial, the jury returned a verdict in favor of the defendant physician. The defense successfully argued that the defendant physician timely contacted the appropriate consultants and that the plaintiff was not a candidate for TPA during the three hour window of opportunity because of the clinical suspicion of a subarachnoid hemorrhage.

Latham v. Lowry, D.O. et al.

December 1, 2006 Circuit Court of Cook County, Illinois (Solganick)
Client: Family Practice Specialist
Counsel: J. Kent Mathewson and Nick Lopuszynski
Outcome: Defense Verdict

Synopsis: After nearly two weeks of trial before Judge Irwin Solganick, the jury rejected the plaintiff’s request for $4.75 million. The patient had chronic vascular disease and had suffered an above the knee amputation of his leg as well as a stroke which left him without the ability to speak or use his right arm. The plaintiffs, the patient and his wife, had alleged that the defendant physician failed to properly monitor the vascular disease and the threatened status of the lower limb, allowing the circulatory compromise to eventually require the amputation of the leg and cause a cerebral vascular accident.

Appelbaum v. Defendant Lawyer and Law Firm

November 15, 2006 Circuit Court of Cook County, Illinois (Lawrence)
Client: Defendant Lawyer and Law Firm
Counsel: J. Kent Mathewson, Kathryn Markowsky and John Seaman
Outcome: Summary Judgment Granted in Favor of Defendant

Synopsis: The plaintiff had claimed in excess of $30 million dollars in damages based on the alleged malpractice of the defendant attorneys. The claim arose from the defendants’ representation of a closely held family business and the individual defendant family members. Plaintiff had alleged a conflict of interest which led to the plaintiff’s failure to obtain an appropriate severance agreement and shareholder rights upon his termination from the company. The plaintiff had been a 25% shareholder and employee of the closely held family business. The plaintiff had claimed that the value of the purported severance agreement and stock were worth in excess of $30 million dollars over the life of the plaintiff.

Cardenas v. Defendant Physician

October 3, 2006 Circuit Court of Cook County, Illinois (Egan)
Client: Defendant Physician
Counsel: Robert W. Smyth
Outcome: Defense Verdict

Synopsis: The firm’s client was the former chief of the medical staff and chairman of surgery at Alexian Brothers Medical Center. The allegation was that the defendant-physician misperformed peripheral vascular surgery leaving the plaintiff with serious post-operative problems and permanent disfigurement. The jury returned its verdict for the defendant-physician.

Fanchion Back v. Defendant Physician

September 2006, Circuit Court of Cook County, Illinois (Duncan-Brice)
Client: Defendant Physician
Counsel: Mark M. Burden
Outcome: Defense Verdict

Synopsis: The 58 year-old plaintiff slipped and fell fracturing her left tibia. The firm’s client attempted to surgically repair her tibia, which was complicated by a prior fracture in the distant past. The defendant was not able to obtain anatomic alignment and there was some angulation or varus deformity in her left tibia after the surgery. The plaintiff continued to follow with the defendant for four months after surgery and seemed to be doing well. After the plaintiff left the defendant’s care, her left tibia went into further angulatory deformity which then required a subsequent surgical repair. Plaintiff claimed that the defendant negligently performed the surgery and negligently failed to recommend a corrective surgery in a timely fashion. At the time of trial, plaintiff claimed that she was restricted to a wheelchair because of our client’s alleged negligence. The plaintiff asked the jury to award $2 million. The jury deliberated for approximately 40 minutes before returning a verdict in favor of the orthopedic surgeon.

Perry v. Sherman Health Systems, et al.

September 2006, Circuit Court of Cook County (Locallo)
Client: Defendant Physician
Counsel: Anthony M. Pinto
Outcome: Defense Verdict

Synopsis: Plaintiff’s decedent presented to the Emergency Department at Sherman Hospital with complaints of mid and right upper quadrant pain. The Emergency Department physician, concerned for an abdominal aortic aneurysm, ordered an abdominal CT scan. The CT scan was interpreted by the defendant physician, a Diagnostic Radiologist. The defendant physician ruled out an abdominal aortic aneurysm and found a gallstone that was subsequently removed in surgery, resolving his mid and right upper quadrant pain. The defendant physician did not report any significant findings in the distal colon and rectum, as those structures appeared to contain fecal material. Subsequently, the decedent was diagnosed with colon and rectal cancer, which led to his death. Plaintiff alleged that the defendant physician negligently failed to identify the colon and rectal mass. The defense argued that, while the mass is identifiable with the benefit of hindsight, a reasonably well-qualified diagnostic radiologist would not have identified the mass, as a mass and fecal material look similar on CT. At the conclusion of plaintiff’s case-in-chief, a directed verdict was entered in favor of the defendant physician. The basis of the court’s ruling was plaintiff’s failure to establish sufficient evidence of a proximate causal connection between the alleged negligence and plaintiff’s decedent’s course of treatment and ultimate outcome.

Tolar v. Defendant Ophthalmologists

September 2006, Circuit Court of Cook County, Illinois (Budzinski)
Client: Defendant Ophthalmologists
Counsel: J. Kent Mathewson
Outcome: Defense Verdict

Synopsis: The plaintiff had alleged that the antiarrhythmia drug amiodarone, prescribed by the patient’s cardiologist, had caused total vision loss in both eyes. Concerns over amiodarone associated optic neuropathy had been published in the medical literature for a number of years. In rejecting the plaintiff’s request for two million dollars, Mr. Mathewson successfully argued that the connection between amiodarone and optic neuropathy had not been proven and that the patient’s clinical picture did not match that of a toxic neuropathy.

Valadez v. Defendant Physician

August 2006, Circuit Court of Cook County, Illinois (Kogan)
Client: Defendant Physician
Counsel: J. Kent Mathewson and Kathleen O'Connor
Outcome: Defense Verdict

Synopsis: The case was brought on behalf of a 42 year-old husband and father of three who died from a cerebellar stroke. In asking the jury to award between $4.5 and $7 million dollars, the plaintiff argued that the firm’s client failed to thoroughly examine the patient after he presented to the emergency department and failed to order timely and appropriate diagnostic testing. The defense successfully argued that the evaluation and management of the patient was appropriate and that this rare type of stroke has a high incidence of mortality. After a three-week jury trial and five days of deliberations, a jury returned a verdict in favor of the defendant physician.

Marsh v. Defendant Rheumatologist

June 2006, Circuit Court of Cook County, Illinois (Dooling)
Client: Defendant Rheumatologist
Counsel: Richard H. Donohue and James Sloan
Outcome: Defense Verdict

Synopsis: The plaintiff, a 48-year-old female, came under the care of the defendant rheumatologist in March 1995 for her relapsing polychondritis, an autoimmune disease treated with high dose corticosteroids (Prednisone). In June 1995, the rheumatologist ordered a plain x-ray to rule out avascular necrosis, a disease causing a decreased blood flow to the head of the femur. After the x-ray was reported as negative, the rheumatologist started the plaintiff on a short course of low dose Prednisone to treat her symptoms of hip pain. In August 1995, the plaintiff was diagnosed with Stage III avascular necrosis, requiring her to undergo bilateral hip replacement surgery in September 1995 and at least one if not two hip surgeries in the future. Plaintiff contended that the negative plain x-ray did not rule out avascular necrosis and that an MRI should have been ordered. The defense maintained that ordering a plain x-ray and blood test met the standard of care and that the defendant would have ordered an MRI if the hip pain persisted, which it did not. The defense also argued that, due to the plaintiff’s long term steroid use between 1982 and 1994, by June 1995, her avascular necrosis already had reached the point where hip replacement surgery was needed.

Kilfoy v. Defendant Ophthalmologist

May 2006, Circuit Court of Cook County, Illinois (O'Brien)
Client: Defendant Ophthalmologist
Counsel: J. Kent Mathewson and Kathleen O'Connor
Outcome: Defense Verdict

Synopsis: After two weeks of trial, the plaintiff’s attorney had requested between $1.5 and $3 million dollars based on allegations of permanent visual impairment caused by Lasik surgery. Plaintiff claimed that an intraoperative complication involving the corneal flap should have caused the surgeon to halt the surgery. Plaintiff also claimed that the patient was an inappropriate candidate for Lasik surgery under her particular circumstances. The firm’s lawyers successfully argued that the surgeon exercised his good judgment in deciding to continue with the surgery and that the intraoperative complication had no long-term consequences for this patient. Moreover, they persuaded the jury that this patient was an appropriate candidate for the surgery.

Casimir N v. Defendant Orthopedic Surgeon

May 2006, Circuit Court of Cook County, Illinois (Lawrence)
Client: Defendant Orthopedic Surgeon
Counsel: Sherri M. Arrigo and Richard H. Donohue
Outcome: Defense Verdict

Synopsis: The plaintiff, a 38 year-old licensed practical nurse, was injured in a car accident on her way home from work. She had an obvious fracture of her femur shaft (thigh bone). She was transported to Northwestern Memorial Hospital where the defendant performed surgery to repair the femur shaft fracture. In the course of surgery, he also found and repaired a displaced fracture of the femur neck (hip bone). The femur shaft fracture healed well but within a couple of weeks after the defendant’s surgery, the femur neck fracture repair showed signs of failing. The plaintiff underwent a second surgery by another orthopedic surgeon to attempt to repair the femur neck fracture, which repair also failed. Ultimately, the plaintiff required a hip replacement. She also had knee arthroscopy surgery, allegedly related to the hip fracture and its treatment. Plaintiff has permanent activity restrictions and will require one to two additional hip replacement surgeries in her lifetime. Plaintiff claimed that defendant negligently caused the hip fracture during his surgery and negligently repaired it using inadequate hardware and leaving it in an improper position, dooming it to failure. Plaintiff argued that, in the alternative, if the hip fracture pre-existed the surgery, the defendant negligently failed to diagnose it pre-operatively and therefore caused it to become displaced in the surgery, leading to the complications and failure to heal. The defense contended that the hip fracture occurred in the car accident but was not diagnosed because it was a non-displaced occult fracture that could not be appreciated by exam or standard x-rays. The defense acknowledged that the hip fracture became displaced during the defendant’s surgery but maintained that it was timely recognized and appropriately treated, reducing the risk of complications. The defense successfully argued that the plaintiff’s injuries and subsequent complications were all caused by the motor vehicle trauma and the bad nature of the hip fracture and not by the conduct of the defendants.

LaVine v. Adventist GlenOaks Hospital, et al.

March 9, 2006, Circuit Court of DuPage County, Illinois (Kilander)
Client: Hospital Defendant
Counsel: Sherri M. Arrigo, Timothy Hogan
Outcome: Defense Verdict

Synopsis: In May 2001, plaintiff suffered a CVA and was treated at Adventist GlenOaks Hospital by her primary care physician, a gastroenterologist and a neurologist. Upon discharge, plaintiff was started on Aggrenox, an anti-platelet medication, for stroke prevention. She was scheduled for an outpatient colonoscopy for an evaluation of a prior history of colon cancer. One day before her scheduled colonoscopy, plaintiff was admitted to the hospital with complaints of right-sided weakness and slurred speech. Plaintiff claimed that she was misinstructed by a nurse at the hospital to stop taking her Aggrenox two days prior to the scheduled colonoscopy as opposed to the night before the scheduled surgery as instructed by her primary care physician. Plaintiff underwent the colonoscopy and thereafter exhibited new neurological symptoms. A stroke was diagnosed.

Plaintiff alleged that her physicians were negligent in performing a colonoscopy when her condition was too unstable for the procedure. She further argued that she prematurely discontinued Aggrennox prior to the procedure based on misinstructions from hospital nurses. The plaintiff argued that the nurses failed to have an emergency medication, Atropine, available to treat her low heart rate and blood pressure during the colonoscopy. The plaintiff claimed that as a result, she now suffers from right-sided paralysis and is unable to speak or walk. She asked for over $1,000,000 in damages.

The jury returned a defense verdict. The defense successfully argued that plaintiff experienced new neurological symptoms on the Aggrenox and thus the best chance to prevent another stroke was to start the plaintiff on an anti-coagulant. The defendants further argued that, if the plaintiff was placed on an anti-coagulant, she had a high risk for bleeding and other gastrointestinal problems because of her colon history. The colonoscopy was necessary to determine whether it was safe to put the plaintiff on an anti-coagulant. The hospital argued that its nurses would never instruct a patient to discontinue prescription medications prior to an out-patient colonoscopy and would instruct a patient to follow their doctor's instructions. Further, Atropine, was available just outside the colonoscopy lab but was not necessary because the heart rate and blood pressure improved with other measures.

Iaccino v. WomanCare, P.C. et al.

February - March 2006, Circuit Court of Cook County, Illinois (defense verdict, Locallo) March 2005, Circuit Court of Cook County, Illinois (mistrial, Quinlan)
Client: Obstetrician Defendant
Counsel: Richard H. Donohue
Outcome: Defense Verdict

Synopsis: This case was tried for the first time in March 2005 and ended in a mistrial. The case again came to trial in February and March 2006 and lasted approximately one month.

The mother and father of a child filed suit against two obstetricians, among others, who assisted with the delivery of the child in 1998. The plaintiffs claimed that the defendants were negligent during the labor and delivery of the child and, as a result, the child sustained numerous injuries, including hypoxic-ischemic brain damage, which led to spastic, quadriparetic cerebral palsy, severe mental retardation and seizure disorder. The plaintiffs asked the jury to award upwards of $33,000,000 in damages.

The defense claimed that the actions of the obstetricians and other healthcare providers complied with the standard of care and that the mother's chorioamnionitis produced chemical toxins that led to hypoxia, ischemia and cellular damage to the fetal brain. The jury returned a verdict of not guilty as to all defendants.

Smarz v. Vein Clinics of America, et al.

January 2006, Circuit Court of Cook County, Illinois (Burr)
Client: Physician Defendant
Counsel: Mark M. Burden and Kathryn Markowsky
Outcome: Defense Verdict

Synopsis: In late August 1999, plaintiff presented to the defendant's office for treatment of varicose veins in her left leg. Plaintiff had previous treatment on her both her left and right leg, which was successful. On this date, the defendant sclerosed a vein in plaintiff's left leg. Shortly thereafter, she developed a chemical burn that purportedly caused further complications, including ulcers and sural nerve damage.

Plaintiff alleged that the firm's client, a phlebologist, was negligent in performing sclerotherapy treatment that was not indicated. Plaintiff also alleged that the defendant failed to properly treat the leg burns and infection that occurred shortly after the treatment. Plaintiff further argued that she did not consent to the complication and that the defendant failed to properly treat her injury once the complication was recognized.

The plaintiff asked the jury to award $715,000. The defense successfully argued that the chemical burn was a recognized complication of the procedure and that the subsequent treatment was appropriate. The jury returned a defense verdict in a little over an hour.

Johnson v. Provena Hospital, et al.

January 2006, Federal District Court for the Northern District of Illinois (Denlow)
Client: Defendant physician
Counsel: Mark M. Burden and Michael Borree
Outcome: Defense Verdict

Synopsis: On July 14, 2002, he decedent suffered from an allergic reaction and developed anaphylaxis. She was driven by her husband to the Provena Immediate Care Center where she presented to the physician in sever anaphylactic shock. Upon arrival, the decedent was unconscious and in the front seat of the car. The decedent's husband ran into the Care Center and stated that his wife was having an allergic reaction. The physician and a nurse ran outside to the vehicle where they found the decedent in severe respiratory distress with excessive secretions. She was breathing spontaneously and making no sounds. A carotid pulse was present and she was hypotensive. After conducting his initial evaluation, the physician put in an oral airway and started to ventilate the decedent with an ambu-bag while she was in the car. Subsequently, a police officer arrived with an oxygen tank and an ambulance and fire truck arrived thereafter. The decedent was placed in the ambulance. The physician offered to intubate the decedent, which was denied. After attempting intubation, the ambulance crew transferred the decedent to Provena's emergency room.

The decedent suffered irreversible brain damage and survived in a comatose state for 2 1/2 years until her death. The decedent's husband sued numerous physicians, the ambulance and fire service and Provena Hospital for professional malpractice. With respect to the physician, the decedent's husband argued that the physician failed to bring the decedent into the Care Center for immediate airway management; failed to supervise and ensure the decedent's airway was properly managed; and failed to ensure that the decedent's airway was intubated prior to her transfer to the emergency room. The case was sited in federal court based upon plaintiff's allegations that the purported deviations of the standard of care violated the Federal Emergency Medical Treatment and Active Labor Act (EMTALA). The defense argued that the physician's care and treatment of the decedent complied with the standard of care and the EMTALA. The jury returned a verdict in favor of the defendant physician and against the plaintiff.

Truitt v. Adeli

October 2005, Circuit Court of Cook County, IL (Duncan-Brice)
Client: Defendant physician
Counsel: Sherri M. Arrigo
Outcome: Defense Verdict

Synopsis: Plaintiff alleged that the defendant obstetrician-gynecologist failed to advise her that she was still pregnant and failed to properly follow up with plaintiff following a dilation and curettage ("D & C") procedure. Plaintiff presented to the emergency room with severe abdominal pain, bleeding and fever. Tests revealed that she was pregnant but apparently miscarrying. Plaintiff was taken to surgery where doctors found pelvic inflammatory disease and performed an appendectomy and D & C procedure. Seven months later, plaintiff gave birth to a healthy, but unwanted child. The defense successfully argued that the D & C procedure was not intended to terminate a viable pregnancy; rather, the procedure was performed to treat plaintiff's pelvic inflammatory disease and remove remnants of a septic miscarriage. The defense further argued that plaintiff's failure to follow physicians' instructions to timely follow-up was the sole proximate cause of any purported injury. The jury returned the defense verdict after only 2.5 hours of deliberation, inclusive of lunch.

Rivera v. Holy Cross Hospital, et al.

September 2005, Circuit Court of Cook County, IL (Duncan-Brice)
Client: Defendant physician
Counsel: Richard Foster and Jean Cleveland
Outcome: Defense Verdict

Synopsis: Plaintiff alleged that an emergency room physician failed to diagnose and treat acute coronary syndrome and a myocardial infarction. The patient had presented to the emergency room with stabbing back pain and hypotension, and was thought to be having an aortic dissection or a pulmonary embolus. The patient was also tested for MI, with nonspecific results. The patient was admitted and died shortly thereafter. At autopsy, the right coronary artery was found to be completely blocked. Plaintiff contended that more aggressive testing should have been done. Alternatively, the plaintiff argued that the patient should have been transferred to a hospital where immediate catheterization could have proceeded. Plaintiff asked the jury for $1.7 million in damages. The defense successfully argued that the testing done in the emergency room was adequate and that all necessary consultations were requested.

Dankha v. St. Francis Hospital, et al.

July 2005, Circuit Court of Cook County, IL (Varga)
Client: Defendant physician
Counsel: Richard H. Donohue and Todd J. Stalmack
Outcome: Defense Verdict

Synopsis: The plaintiff alleged that the firm's client, a general surgeon, failed to timely diagnose a complete bowel obstruction and that he should have performed emergency surgery after receiving the results from radiological studies taken in the emergency room at an area hospital. Plaintiff claimed that the failure to perform surgery in a timely manner resulted in a bowel perforation, sepsis and, ultimately, death. The plaintiff asked the jury for over six million dollars in damages. The defense successfully argued that there was no evidence of a complete bowel obstruction and that the firm's client timely performed surgery on the plaintiff. The jury deliberated for just over one hour.

Battle v. Horio

June, 2005 Circuit Court, Cook County, Illinois (Grogan)
Client: Physician Defendant
Counsel: J. Kent Mathewson and Kathleen O'Connor
Outcome: Defense Verdict

Synopsis: Plaintiff alleged that the firm's client, a vitreous and retina surgeon, had improperly performed a vitrectomy and retina repair procedure and that the surgeon had failed to timely diagnose and treat a purported post-operative endophthalmitis (infection of the eye). The plaintiff asked the jury for over one million dollars in damages. The defense successfully argued that the eventual loss of the plaintiff's eye was attributable to his long-term diabetes and resulting diabetic retinopathy and neovascular glaucoma.

Waiss v. Talamonti

March, 2005 Circuit Court, Cook County, Illinois (Grogan)
Client: Physician Defendant
Trial Counsel: Richard H. Donohue and Kristin M. Gruss
Outcome: Directed Verdict

Synopsis: Plaintiff claimed that the defendant failed to immediately place her on pancreatic enzyme replacement therapy post-operatively, which allegedly led to malabsorption of nutrients and the development of a fatty liver. She claimed that this fatty liver, in turn, led to her inability to withstand the full course and dose of chemotherapy, which allegedly allowed her cancer to metastasize. The plaintiff was diagnosed with ampullary cancer in May 1999, and in June 1999, the surgeon performed an extensive surgery known as a Whipple procedure to remove the tumor. The plaintiff then refused to follow the recommended follow-up treatment of combined radiation and chemotherapy, electing instead to undergo only a reduced dose of chemotherapy. Further, she attended only one follow-up appointment with the surgeon. In directing the verdict in favor of the defendants, the court ruled that the plaintiff's expert failed to establish any evidence that the alleged deviations proximately caused the plaintiff's injury.

Tomsa v. Defendant Physicians

February 2005, Circuit Court of Cook County, Illinois (Reyna)
Client: Defendant Physician
Counsel: Robert W. Smyth and Kathryn Markowsky
Outcome: Defense Verdict

Synopsis: In November 1993, the decedent presented to the defendant's office and was evaluated for symptoms of depression. His liver was grossly enlarged and liver enzyme tests showed significant elevation, suggesting chronic alcohol abuse. The defendant diagnosed the decedent with depression and gave a prescription for Paxil and Xanex, as needed, for tremens. The decedent died one month later while on vacation in Puerto Vallarta, Mexico.

Plaintiff alleged that the firm's client, an internal medicine specialist, failed to diagnose that the decedent was an alcoholic and in need of treatment and failed to treat the decedent's alcoholic condition. Plaintiff contended that the decedent suffered from delirium tremens while in Mexico, and died after developing an arrhythmia. The defense successfully argued that the defendant's diagnosis of depression was a reasonable diagnosis given the circumstances surrounding the decedent's presentment in the defendant's office. The defense also contended that several other explanations for the decedent's death were more likely than delirium tremens. The plaintiff asked the jury to award $ 3.4 million but the jury returned a verdict for the defense.

Jones v. Elam

January-February, 2005 Circuit Court, Cook County, Illinois (Solganick)
Client: Physician Defendant
Counsel: Sherri M. Arrigo and L. Michael Tarpey
Outcome: Defense Verdict

Synopsis: Plaintiff alleged that the firm's client, an obstetrician-gynecologist, failed to timely recognize and treat perforations of the small bowel that occurred during hysterectomy surgery to treat uterine fibroids. The perforations allowed leakage of bowel contents into the abdomen, causing life threatening peritonitis, the need for an ileostomy and healing of the wound by secondary intent, a prolonged and stormy hospital course, including a stay in the intensive care unit on a ventilator, and multiple additional surgical procedures, including ventral hernia repair two years later. The hernia re-occurred shortly before trial. The defense successfully argued that the perforations developed in the post-operative period, were timely recognized and treated within the standard of care, and that the plaintiff had recovered well. After less than two hours of deliberation, the jury returned its verdict in favor of the firm's client.

Colon v. Samelson

November, 2004 Circuit Court, Cook County, Illinois
Client: Physician Defendant
Trial Counsel: Norman J. Barry, Jr.
Outcome: Defense Verdict

Synopsis: Plaintiff alleged that the firm’s client, a pediatrician, was negligent in failing to see a 6 month old child after repeated telephone calls from the mother and that bacterial meningitis could have been diagnosed and/or treated before reaching a fatal stage. In late 1998, plaintiff was diagnosed with an ear infection. Two days later, he spiked a fever of 104 and his mother called to schedule an appointment. The mother was informed that the fever was a result of the ear infection and that it was not necessary from him to see the child. The mother called twice more during the day and on the both occasions was told that it was not necessary to bring the child to his office. Ten hours later, the child was taken to the emergency room where a diagnosis of bacterial meningitis was made. The plaintiff asked the jury to award $ 5 million. The defense successfully argued that an office visit was not indicated given the ear infection. The jury returned a defense verdict in less than an hour.

Burns v. Kaye

Sept.-Oct., 2004; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Sherri M. Arrigo
Outcome: Defense Verdict

Synopsis: Plaintiff alleged that the firm’s Client, a psychiatrist, negligently persisted in a diagnosis of multiple personality disorder , iatrogenically created by previous treating physicians through a course of coercive, suggestive psychotherapy. Plaintiff specifically alleged that the psychiatrist used excessive and experimental medications and that his treatment "froze her in an adulterated, brainwashed mind not of her own creation, amounting to a tantamount prescriptive entombment of her own persona" and keeping plaintiff in a state of psychotropic suspended animation for 10 years. Plaintiff claimed damages in the nature of loss of family relationships, worsening of pre-existing psychiatric conditions, pain and suffering, psychiatric disablement and other injuries "too complicated and the losses too great" to be fully described. The defense successfully argued that the plaintiff had severe pre-existing psychiatric disorders, including multiple personality disorder, that plaintiff improved under defendant’s care, and that no deviation from the standard of care caused the plaintiff's damages. The jury returned a defense verdict after several hours of thoughtful deliberation.

Webster v. Chaudhry

Sept., 2004; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Robert W. Smyth, Jr.
Outcome: Defense Verdict (Directed)

Synopsis: A 55-year old man was evaluated for cardiac symptoms in a two day hospitalization and was cleared despite equivocal findings in his cardiac enzymes. He died of a coronary attack the following week. Plaintiff claims that the firm’s client, a cardiologist, was negligent in managing and interpreting a stress test, causing injury to her decedent. In entering a directed verdict, the judge stated that the plaintiff had not proved that the defendant’s conduct had caused the end result. The case continued as to the other defendants and was declared a mistrial after the jury was determined to be deadlocked. The verdict in favor of the firm’s client is final.

Wimmer v. Cacioppo

June, 2004; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Donald J. Brown
Outcome: Defense Verdict

Synopsis: Plaintiff alleged that the defendant doctor had improperly performed a surgical repair of an incisional ventral hernia. Plaintiff specifically alleged that the defendant doctor should have used a mesh patch to repair the incisional hernia rather than using a separation of parts procedure which required the excision of a flap in order to decrease the tension on the operative site. The defense successfully argued that the separation of parts procedure was well within the standard of care on this patient and that no deviation from that standard caused the plaintiff’s post-surgical problems. The jury returned a defense verdict in less than an hour.

Skinkis v. Christ Hospital

March, 2004; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Richard B. Foster
Outcome: Dismissal with Prejudice (Case Settled By Other Defendants)

Synopsis: Plaintiff, a 52 year old factory worker, sustained a work injury to his leg that progressed to formation of a diabetic ulcer. A workup revealed severe peripheral vascular disease. Plaintiff alleged that a delay in revascularizing his leg led to gangrene, resulting in below the knee amputation. The case settled on the third day of trial for $3 million, but the firm’s client, the employer of the vascular surgeon defendant, paid nothing toward the settlement.

Morris v. Diakos

November, 2003; Circuit Court, cook county, Illinois
Client: Physician defendant
Trial Counsel: Norman J. Barry, Jr.
Outcome: Defense Verdict

Synopsis: Plaintiffs sued for the wrongful birth of a child after Dr. Diakos performed a tubal sterilization on Mrs. Morris. The Plaintiffs claimed that Dr. Diakos had negligently ligated the woman’s fallopian tubes. The Plaintiff asked for $250,000. The jury returned a defense verdict.

Wade v. Madeira

September, 2003; Circuit Court, Cook County, Illinois
Client: Attorney defendant
Trial Counsel: J. Kent Mathewson and Kathryn Markowsky
Outcome: Defense Verdict

Synopsis: Plaintiff alleged that the defendant committed legal malpractice and breached his fiduciary duty in the drafting and administration of certain trust documents. Defense successfully argued that the documents had been drafted consistent with the deceased mother’s wishes, and that handling of her trust and estate affairs had been appropriate. At the time of trial, plaintiff requested just under $700,000.00 in damages. A verdict was entered for the defense.

Shenberg v. Scarpulla

July, 2003; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: J. Kent Mathewson and Virginia L. Beach
Outcome: Defense Verdict

Synopsis: Plaintiff alleged that the defendant had improperly and prematurely removed sutures from the patient’s eye following a corneal transplant. Plaintiff further alleged that he had decreased visual acuity and an on-going elevated intraocular pressure which could lead to glaucomatous damage to his optic nerve. The defense successfully argued that the sutures were removed at the appropriate time and that plaintiff’s ensuing visual problems were unrelated to the surgery or the removal of the sutures. The plaintiff requested approximately $1.2 million dollars in damages from the jury. The jury returned a defense verdict.

Zielke v. Fronczak

October, 2002; Circuit Court, DuPage County, Illinois
Client: Physician defendant
Trial Counsel: Norman J, Barry, Jr.
Outcome: Defense Verdict

Synopsis: Plaintiff developed a cerebral aneurysm which was clipped by Dr. Fronczak. Postoperatively, the plaintiff developed a drug reaction causing severe thrombocytopenia. She suffered a massive cerebral bleed and brain damage. The plaintiff asked for $15 million. The jury returned a verdict in favor of Dr. Fronczak.

Marthaler v. Will

April, 2002; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Mark M. Burden
Outcome: Defense Verdict

Synopsis: Plaintiff suffered a massive ischemic stroke resulting in left sided hemiplegia, cognitive deficits and the need for permanent assistance with the activities of daily living. She alleged that over a nine and one-half year period, the physician had negligently treated her hypertension and failed to recommend medications that would lower her cholesterol, thereby increasing her risk of a stroke. Plaintiff also had been diagnosed and treated for peripheral vascular disease and arthrosclerosis. The defense contended that the physician complied with the standard of care with respect to management of her hypertension and other illnesses. Plaintiff sought $3.25 million. The jury returned a defense verdict.

Hart v. Scarpulla

April, 2002; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: J. Kent Mathewson
Outcome: Defense Verdict

Synopsis: Plaintiff alleged that she suffered from severe dry eye syndrome and resulting visual distortions following the excision of a bulbar conjunctiva cyst. Plaintiff claimed that the surgeon failed to obtain a proper informed consent and that the surgery caused the dry eye syndrome. Defense successfully argued that the surgery did not cause her dry eye condition which was pre-existing and that dry eye syndrome was not a recognized risk of this particular procedure as performed. Plaintiff sought over $700,000. The jury returned a defense verdict.

Estate of Bailey v. Lamba

February - March, 2002; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Richard B. Foster
Outcome: Deadlocked Jury (8 to 3 in favor of defense)

Synopsis: Jimmy Lee Bailey, a 43-year-old father of four, was admitted to South Suburban Hospital with a history of extreme weight loss, progressive numbness of the extremities, chronic renal failure requiring dialysis, and congestive heart failure. Gallbladder surgery was performed, and Mr. Bailey was discovered dead six hours later with a massive abdominal bleed. Plaintiff claimed that the surgery was not indicated, that bleeding times were not corrected before surgery, and that the defendants failed to diagnose primary amyloidosis -- discovered at autopsy -- as the unifying cause of the patient’s problems. An echocardiogram done the night before surgery placed amyloidosis in the differential diagnosis for the first time. Defendants contended that amyloidosis was a rare disorder that would have proven terminal in any event, and that it was the cause of the postoperative bleed. Plaintiff asked the jury for $950,000. The case was settled for $10,000 at the start of the second trial.

Galvan v. Norwegian American Hospital

June - December, 2001; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: J. Kent Mathewson and Virginia L. Beach
Outcome: Deadlocked Jury

Synopsis: In this eleven-week trial, plaintiff argued that the young mother of four children died following a three-week hospital stay from septic shock. Plaintiff had originally been admitted to the hospital through the emergency room for treatment of her gall bladder. She subsequently developed liver abscesses, and plaintiff alleged that these were neither timely diagnosed nor treated. Plaintiff further argued that the treatment of the sepsis was untimely and improper. The defense argued that the patient most likely died from an undiagnosable pulmonary embolus. Moreover, the clinical picture demonstrated that plaintiff had a persistent but only slightly elevated temperature and never did present the clinical picture of a patient suffering from sepsis and eventual septic shock. After several days of deliberation, the jury was unable to come to a unanimous verdict. The plaintiff asked the jury for nearly $4,000,000.

Brandonisio v. Kahan

June, 2001; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Richard H. Donohue and James D. Sloan
Outcome: Defense Verdict

Synopsis: Plaintiff suffered a transected left external iliac artery and vein during laparoscopy surgery. Despite repair of the vessels, plaintiff claimed nerve damage and chronic pain and weakness of her left leg. Plaintiff sought over $1.7 million. The jury returned a defense verdict.

Theis v. Good Samaritan Hospital

May, 2001; Circuit Court, DuPage County, Illinois
Client: Physician defendant
Trial Counsel: Norman J. Barry, Jr.
Outcome: Defense verdict

Synopsis: Plaintiff developed an epidural abscess following a caesarean section. It was alleged that Dr. Fronczak failed to timely diagnose and treat the abscess resulting in neurologic injury to the plaintiff. The plaintiff asked the jury to award $7 million. The jury returned a verdict for Dr. Fronczak.

Moroney v. Springer

April - May, 2001; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: J. Kent Mathewson and Virginia L. Beach
Outcome: Defense Verdict

Synopsis: Plaintiff claimed he was implanted with an undersized intraocular lens during the course of phacoemulsification cataract surgery, resulting in visual disability. Plaintiff sought over $700,000. The jury returned a defense verdict.

Bennett v. Boblick

April - May, 2001; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Donald J. Brown, Jr.
Outcome: Defense Verdict

Synopsis: Plaintiff sued a radiologist for failing to diagnose desmoid tumor that was 14 cm in diameter at ultimate diagnosis. Extensive surgery was followed by tumor recurrence. Plaintiff sought over $4 million. The jury returned a defense verdict.

Meadoza v. Yarzagaray

March, 2001; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Norman J. Barry, Jr.
Outcome: Defense Verdict
Synopsis: A 50-year-old secretary claimed improper surgery to denervate the sternocleidomastoid muscle, resulting in worsening spasmodic torticollis. Defense proved that plaintiff knew of and accepted the risk of unsuccessful surgery. Plaintiff sought over $500,000. The jury returned a defense verdict.

Kullis v. Jensen

March, 2001; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: L. Michael Tarpey
Outcome: Defense Verdict

Synopsis: Laparoscopic cholecystectomy surgery resulted in perforated bowel and resulting septic shock, respiratory and renal failure, and two months in intensive care. Plaintiff sought over $400,000. The jury returned a defense verdict.

Goodman v. University of Illinois

February 1 - 16, 2001; Circuit Court, Cook County, Illinois
Client: University of Illinois Medical Center
Trial Counsel: Donald J. Brown, Jr.
Outcome: Deadlocked Jury (7-5 for defense)

Synopsis: Cardiac surgery on 13-year-old boy who suffered from aortic stenosis resulted in bleeding complications and ultimately death from infection after a prolonged course of intensive care. Plaintiff sought over $24 million. The case was settled during retrial for $600,000.

Estate of Gonzalez v. Joshi

January - February, 2001; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Richard H. Donohue
Outcome: Defense Verdict

Synopsis: A 61-year-old assembly line supervisor was treated with Heparin for stroke. Bleeding times became highly elevated, and the patient suffered from a fatal intracranial bleed. Plaintiff sought $19 million. The jury returned a defense verdict.

Estate of Egeonu v. Elahi

January, 2001; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Richard H. Donohue
Outcome: Defense Verdict

Synopsis: A 47-year-old woman was brought to the emergency room in severe respiratory distress. After unsuccessful efforts to intubate her, she suffered cardiac arrest, with resulting brain damage, leaving her in a permanent vegetative state. Defense contended that fulminant pulmonary edema would have resulted in arrest even with successful intubation. Plaintiff sought $30 million. The jury returned a defense verdict.

Estate of Schmidt v. Shah

May, 2000; Circuit Court of Cook County, Illinois
Client: Physician defendant
Trial Counsel: Mark M. Burden
Outcome: Defense Verdict (Directed)

Synopsis: A 56-year-old wife and mother of two was admitted to the hospital with abdominal pain and rectal bleeding. Exploratory surgery was performed which revealed a lacerated spleen. Plaintiff contended that surgery should not have proceeded given a low hemoglobin level. Chronic renal failure and multiple follow-up surgeries ultimately resulted in death. Plaintiff demanded $3 million. A directed verdict was entered for the defense.

Estate of Walinski v. Yapor

May, 2000; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Richard H. Donohue
Outcome: Defense Verdict

Synopsis: A 24-year-old female was hit by a car and suffered a closed head injury. She was taken to the hospital where her condition deteriorated over the next twenty-four hours. One of the physicians inserted a shunt to reduce hydrocephaly. She died three days later. Plaintiff contended the defendant neurosurgeons failed to timely intervene to treat neurological injuries. Defense contended that plaintiff’s decedent suffered significant diffuse trauma to the cerebellum, which was not amenable to surgical intervention and led to her death. Plaintiff sought $3 million. The jury returned a defense verdict.

Jacobs v. Goldstein, et al.

January - March, 2000; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Robert W. Smyth, Jr.
Outcome: Defense Verdict

Synopsis: The 31-year-old male plaintiff was admitted to the hospital complaining of severe abdominal pain and jaundice. The preliminary diagnosis was hepatitis. Radiologic testing revealed the possibility of an occlusion in the hepatic vein which evacuates blood from the liver. This condition, known as Budd-Chiari Syndrome, is associated with a hypercoagulable state. The patient was not treated with Heparin, and was treated conservatively. The patient developed a clot in his right leg, followed by clots in other areas of his body. Ultimately, the patient suffered amputation of both legs above the knee, in addition to a liver transplant. The defense asserted that Heparin could not be used until a diagnosis of Budd-Chiari Syndrome was confirmed, because treatment with Heparin involved considerable risk for a liver disease patient. Plaintiff sought $22 million. The jury returned a defense verdict.

Huth v. Homa

October, 2003; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Richard B. Foster
Outcome: Dismissed with Prejudice

Synopsis: The adult children of 83-year-old Edward Huth, a nursing home patient under the care of our client-internist, alleged that colonoscopy was improperly performed as part of a work up for an episode of rectal bleeding, and that as a result the colon was perforated. The patient died six days after surgery to repair the perforation. Plaintiffs alleged a lack of indications for the procedure, given the advanced age of the patient, and that there was a lack of informed consent from the children, who served as their father’s guardians. On the third day of trial, the codefendant gastroenterologist who performed the colonoscopy settled the case, and our firm’s client was dismissed with prejudice and without making any settlement payment.

Blaylock v. Nagle

November - December, 1999; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: J. Kent Mathewson and L. Michael Tarpey
Outcome: Verdict for Plantiff

Synopsis: Plaintiff, a former NFL cornerback, alleged that his career was ended prematurely because of complications of bursitis resulting from the revision of a hypertrophic scar in the area of his knee. Plaintiff alleged that the defendant failed to obtain a proper informed consent and that the procedure was not medically necessary. The defendant presented evidence that there was no known incidence of bursitis following any type of knee surgery, including total knee replacements and ACL reconstructions, and therefore there was no reason to warn of such a risk. In addition, the surgery was the appropriate method to revise the scar as desired by the plaintiff. Deadlocked jury 9-3 in favor of the plaintiff, but the parties, not knowing jury’s vote, agreed to accept a less than unanimous verdict. Jury’s award was $3.85 million.

Heil v. Armbruster, et al.

October - December, 1999; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Richard H. Donohue
Outcome: Defense Verdict

Synopsis: A 33-year-old male plaintiff was admitted in a coma to the hospital with 107°F fever, renal failure, respiratory failure and Lithium toxicity. Plaintiff, previously diagnosed with schizoaffective disorder and bipolar disorder, was taking Lithium and Thorazine. Plaintiff was placed on a ventilator and underwent dialysis and eventually came out of the coma but suffered severe cerebellar ataxia and dysarthria (slurred speech), leaving him in a wheelchair with inability to walk and only spastic use of hands and arms, requiring institutional care for life. Plaintiff claimed defendants should have repeated dialysis to more rapidly reduce Lithium levels from toxic range and prevent further brain damage. Defense contended that the decision to hold further dialysis was reasonable under the circumstances and that brain damage occurred before hospitalization due to coma, high fever and neuroleptic malignant syndrome. Plaintiff sought $35 million. The jury returned a defense verdict.

Simpson v. Estate of Voltolina, et al.

August, 1999; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Robert W. Smyth, Jr.
Outcome: Defense Verdict

Synopsis: Decedent, age 56, suffering from known depression, anxiety attacks and possible psychosis, submitted to a nine-day voluntary psychiatric admission. During admission, a trial of different medical combinations was attempted, with the final combination consisting of Ritalin, Klonopin, Paxil, and Pavabid. Decedent acted erratically on medication, but was discharged to be followed on an out-patient basis. The patient committed suicide four days after discharge, leaving a wife and two children. Plaintiff alleged that the discharge was premature since there was no control over the patient on the new medication. The case was complicated by the death of the defendant physician before he gave any testimony. Plaintiff sought $3 million. The jury returned a defense verdict.

Leffelman-Barton v. Massey

May - June, 1999; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: L. Michael Tarpey
Outcome: Defense Verdict

Synopsis: Plaintiff, a 19-year-old nurse’s aid, underwent an anterior-posterior spinal fusion with instrumentation. Post-operatively, plaintiff developed a deep wound infection at the iliac crest bone graft donor site that tracked to the spine. Plaintiff required six subsequent surgeries for the back wound. Plaintiff claimed unnecessary and overly extensive surgery resulting in postoperative infection. Defendant contended all diagnostic tests, coupled with the plaintiff’s disability, indicated the need for surgery and the technique was appropriate. The post-operative infection was a dormant staph infection that could not be diagnosed until a year after surgery. The jury returned a defense verdict.

Reeves v. Gleeson

April - May, 1999; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Norman J. Barry, Jr.
Outcome: Defense Verdict

Synopsis: Plaintiff, a 74-year-old man, was admitted for total right knee replacement with a history of severe vascular disease. Ten days post-op, the right lower leg lost blood flow. The leg was amputated above the knee a few months later. Defense asserted that the amputation of the leg was caused by a sudden occlusion of the ilio-femoral artery. Plaintiff sought over $3 million. The jury returned a defense verdict.

Ronczkowski v. University Orthopaedics, et al.

March, 1999; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Richard H. Donohue
Outcome: Defense Verdict

Synopsis: The 24-year-old plaintiff underwent a right hemi-discectomy to remove a herniated disc. Post-operatively, plaintiff awoke with paraparesis and bowel and bladder dysfunction. Plaintiff underwent extensive physical therapy and eventually regained the majority of the function of his legs, but continued to have bowel incontinence. Defense contended that plaintiff’s post-operative injuries were the result of a motor neuron lesion remote from the level of the surgery. Plaintiff sought over $5.5 million. The jury returned a defense verdict.

Harrington v. Bird

January, 1999; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Richard H. Donohue
Outcome: Verdict for Plaintiff

Synopsis: Plaintiff suffered a failed repair of a perineal laceration, resulting in a fistula, an anal sphincter defect and pain during intercourse. Plaintiff claimed that the damages were the result of the malpractice of defendant obstetrician-gynecologist, in his use of modified Scanzoni forceps rotation during delivery. Defense contended that the injury was a natural result of the birth process. Plaintiff sought $780,000 in damages and the jury awarded $300,000.

Sherpan v. Cohen

December, 1998; Circuit Court of Cook County, Illinois
Client: Physician defendant
Trial Counsel: Norman J. Barry, Jr.
Outcome: Defense Verdict

Synopsis: Plaintiff alleged that her obstetrician/gynecologist failed to diagnose and properly attend to her incompetent cervix, and as a result, she went into premature labor and lost a fetus at 22 weeks gestation. The plaintiff contended that a cone biopsy of the cervix performed by the physician several years before the subject pregnancy caused structural damage of the cervix. Plaintiff sought $1 million. The jury returned a defense verdict.

Wallace v. Glass

October, 1998; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: J. Kent Mathewson
Outcome: Defense Verdict

Synopsis: Plaintiff alleged that the defendant failed to timely diagnose and treat a thoracic aneurism. Subsequent surgery on the enlarged aneurism resulted in the patient’s death. Plaintiff sought over $2 million. The jury returned a defense verdict.

Floersch v. Sabbagha

September - October, 1998; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Richard H. Donohue
Outcome: Defense Verdict

Synopsis: Plaintiff’s decedent, who received prenatal care from defendant, developed pregnancy-induced hypertension. Plaintiff contended that during labor plaintiff’s decedent suffered an eclamptic seizure with resultant catastrophic injuries that left the mother in a persistent vegetative state for eleven months until life support was withdrawn and she died. Defendant contended that plaintiff’s decedent suffered an unpredictable and unpreventable amniotic fluid embolism. Plaintiff sought over $2 million. The jury returned a defense verdict.

Bartik v. MacNeal Memorial Association, et al.

July, 1998; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Norman J. Barry, Jr.
Outcome: $1.15 million verdict for plaintiff; verdict reversed on appeal and judgment entered for the defendant

Synopsis: The decedent, suffering from a herniated disc, was admitted to the hospital for surgery. During induction of anesthesia, the patient suffered cardiac arrest and died. Defense contended that decedent’s heart disease was unknown and that the initiation of anesthesia complied with the standard of care. The jury’s verdict was reversed on appeal and judgment was entered in favor of the defense.

Kotvan v. Kirk

June - July, 1998; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: J. Kent Mathewson
Outcome: Defense verdict

Synopsis: Plaintiff underwent surgery for cataract extraction and the implantation of an intraocular lens. Post-operatively plaintiff contracted infectious endophthalmitis and ultimately lost all vision in the eye. Trial testimony from her treating physicians was that the removal of the eye would be required in the near future. Defendant contended that post-operative endophthalmitis was a rare but acknowledged complication of cataract surgery, and that all appropriate techniques were followed inter-operatively and post-operatively. Plaintiff sought over $800,000. The jury returned a defense verdict.

Fjeldheim v. Mar

February, 1998; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Richard H. Donohue
Outcome: Defense Verdict

Synopsis: Minor plaintiff was affected with severe cerebral palsy, pervasive development disorder and autism. Plaintiff claimed that defendant obstetrician failed to respond to vaginal bleeding reported by the mother in the week prior to delivery. Defense contended that bleeding was not significant and not related to child’s injuries, which were caused by an unknown prenatal event or prematurity. Plaintiff sought $12-15 million. The jury returned a defense verdict.

O’Brien v. Ross, et al.

January, 1998; Circuit Court, Cook County, Illinois
Client: University of Illinois Medical Center
Trial Counsel: Donald J. Brown, Jr.
Outcome: $700,000 verdict for plaintiff ($3 million sought)

Synopsis: Plaintiff, a 41-year-old female, sued ophthalmologist for failure to timely diagnose herpes simplex viral infection in right eye. Plaintiff further alleged that various topical, injectable and systemic steroids for her ocular problems were contraindicated, and caused loss of sight in right eye. Plaintiff further claimed that her diabetes and loss of sight in left eye from a cataract were also related to the prescribed steroids. Plaintiff asked the jury for $3 million.

Nivelo v. Mena, et al.

November, 1997; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: J. Kent Mathewson
Outcome: Defense Verdict

Synopsis: A 54-year-old male underwent transurethral resection of prostate, resulting in possible damage to rectum. The co-defendant called for a consult from the defendant. The co-defendant performed a colostomy because of possible rectal fistula. Plaintiff complained the colostomy was unnecessary and necessitated increased hospitalization and further medical procedures. Defendant contended colostomy was appropriate to prevent serious infection, and colostomy reversal was performed without complication 15 days later. Plaintiff sought over $500,000. The jury returned a defense verdict.

Ramirez v. Walner & Assoc.

October - November, 1997; Circuit Court, Cook County, Illinois
Client: Defendant law firm
Trial Counsel: Richard H. Donohue
Outcome: Defense Verdict

Synopsis: Plaintiff was injured in a motorcycle accident and received treatment from an orthopedic surgeon at a Chicago hospital, including the insertion of a prosthetic hip-nail plate device, which failed two months later. Plaintiff retained counsel to pursue product liability and medical malpractice claims against the surgeon and manufacturer. Both cases were filed and eventually non-suited, allegedly without plaintiff’s knowledge. He sued his original attorney and the law firm with whom the attorney later became affiliated while the case was pending. The law firm denied it ever was retained to represent plaintiff and also denied that there was any medical negligence in the underlying case. After a two-week trial, the jury deliberated 30 minutes before returning a defense verdict.

Lewis v. Kahan

September, 1997; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Richard H. Donohue
Outcome: Defense Verdict

Synopsis: A cone biopsy was performed on plaintiff, a 29-year-old female, to investigate severe cervical dysplasia. During the procedure, which took place approximately seven weeks after she had delivered a newborn, plaintiff experienced intractable bleeding resulting in an emergency hysterectomy. Plaintiff sought almost $800,000. The jury returned a defense verdict.

Cuthbertson v. Benages, et al

August - September, 1997; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: J. Kent Mathewson
Outcome: Defense Verdict

Synopsis: Malpractice action against thoracic surgeon for failure to diagnose metastatic lung cancer. Plaintiffs alleged that the surgeon failed to perform adequate testing and failed to identify existing lung cancer during a thoracotomy procedure on the decedent, a 51-year-old father of two minor children. Lung cancer was later diagnosed, leading to more than a year of surgery and therapy before decedent’s death. During decedent’s treatment phase, his teenage daughter was injured in a gymnastics accident, rendering her a quadriplegic. Plaintiff sought over $5.5 million. The jury returned a defense verdict.

Cervantes v. Mar

July, 1997; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Richard H. Donohue
Outcome: Defense Verdict

Synopsis: Plaintiff sued her obstetrician for alleged malpractice in the infant’s delivery. Plaintiff asserted that the allegedly improper procedures in the delivery caused the child’s shoulder dystocia and resulting brachial plexus injuries. Plaintiff sought over $2.5 million. The jury returned a defense verdict.

Radtke v. Collins

July, 1997; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Richard B. Foster
Outcome: Defense Verdict

Synopsis: Plaintiff claimed mismanagement of a partial bowel obstruction. Plaintiff alleged that negligent removal of nasogastric tube allowed the decedent’s stomach to overfill, resulting in aspiration of vomit and choking death. Plaintiff sought over $1.1 million. The jury returned a defense verdict.

Sciortino v. Cruz

June, 1997; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Richard H. Donohue
Outcome: Defense Verdict

Synopsis: Plaintiff alleged defendant mistreated the plaintiff’s decedent’s renal colic by prescribing narcotics, causing the 27-year-old to become drug dependent. This allegedly led to his accidental death from a drug overdose one year later. The lawsuit was brought on behalf of the surviving spouse and six-year-old son of the decedent. Plaintiff sought $2 million. The jury returned a defense verdict.

Moore v. McLeod

October, 1996; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Norman J. Barry, Jr.
Outcome: Defense Verdict

Synopsis: Plaintiff, a 63-year-old male suffering from chronic obstructive pulmonary disease, filed suit against his pulmonologist, alleging that the doctor had failed to diagnose and treat the patient’s diabetes, and that as a result, the patient ultimately lost his leg above the knee. The defense was premised upon evidence that the patient’s diabetes was drug induced, and that blood sugar monitoring was unnecessary. Plaintiff sought $1.8 million. The jury returned a defense verdict.

Hayes v. Nootens

September, 1996; Circuit Court, Cook County
Client: Physician defendant
Trial Counsel: J. Kent Mathewson
Outcome: Defense Verdict

Synopsis: Plaintiff sued treating ophthalmologist for injuries allegedly sustained due to improper treatment of a detached retina. Plaintiff sought $500,000. The jury returned a defense verdict.

Estate of Lynch v. Nand

July, 1996; Circuit Court, Cook County, Illinois
Client: Loyola University Medical Center
Trial Counsel: Richard H. Donohue
Outcome: Defense Verdict

Synopsis: Plaintiff brought a wrongful death claim alleging medical malpractice of defendant’s residents and nurses in treating plaintiff’s decedent during a sickle cell anemia crisis. Plaintiff claimed the death was caused by over-medication of the patient with Demerol and inadequate monitoring thereafter. The lawsuit was brought on behalf of the surviving husband and two teenage children of the decedent. Plaintiff sought $3 million. The jury returned a defense verdict.

Riendeau v. Holt

July, 1996; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: J. Kent Mathewson
Outcome: Defense Verdict

Synopsis: Plaintiff, a 30-year-old female, underwent repeat cesarean section and lysis of abdominal adhesions. She claimed that the plastic cap of a 60 cc syringe was left in her abdomen after the closing of the procedure. Plaintiff underwent an exploratory laparoscopy and laparotomy ten months later, at which time the syringe cap was discovered and removed. Plaintiff experienced lower abdominal pain, which she attributed to the presence of the syringe cap. Complications during the laparoscopy and laparotomy resulted in a perforated colon and subsequent surgeries. Defendant contended that the syringe cap could have been introduced during prior surgical procedures, and that the syringe cap was unrelated to plaintiff’s problems. Plaintiff sought over $180,000. The jury returned a defense verdict.

Silverman v. NorthShore Eye Surgicenter

March 1996; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: J. Kent Mathewson
Outcome: Defense Verdict

Synopsis: Plaintiff, an 80-year-old female, filed suit against her treating ophthalmologist and treatment facility for her loss of vision following cataract surgery and a subsequent surgery to lyse adhesions to the cornealiris. Plaintiff claimed that defendants failed to use proper procedures, failed to properly record treatment and failed to use alternative modalities of treatment. This allegedly led to defendant’s failure to diagnose plaintiff’s retinal tear, which subsequently caused the patient to experience a vitreous hemorrhage and eventual detachment of the left retina. Plaintiff sought over $250,000. The jury returned a defense verdict.

CNA Insurance v. Arugute

1996; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Robert W. Smyth, Jr.
Outcome: Defense Verdict

Synopsis: In a medical malpractice case against a cardiologist and others, a co-defendant settled the suit and its insurance carrier tried a cross-claim for indemnification. Plaintiff sought over $675,000. The jury returned a defense verdict.

Nanfria v. Gutierrez

November, 1995; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Richard H. Donohue
Outcome: Defense Verdict

Synopsis: Plaintiff alleged failure by defendant neurosurgeon to properly treat a traumatic cervical injury. This allegedly caused plaintiff’s incomplete quadriplegia. Plaintiff sought $2.5 million. The jury returned a defense verdict.

Kier v. Grear

October, 1995; Circuit Court, Cook County, Illinois
Client: Physician defendant
Trial Counsel: Richard H. Donohue
Outcome: Defense Verdict

Synopsis: Plaintiff experienced severe post-operation infection following knee surgery with resultant ulnar nerve injury to plaintiff’s upper extremity. Plaintiff underwent a month-long course of intravenous antibiotic therapy to treat the infection. Plaintiff sustained a permanent disabling injury to the knee as a result of the infection. Plaintiff sought almost $600,000. The jury returned a defense verdict.

Barajas v. St. Francis Hospital of Evanston

1995; Circuit Court, Cook County, Illinois
Client: St. Francis Hospital of Evanston
Trial Counsel: Donald J. Brown, Jr.
Outcome: Directed Verdict on liability

Synopsis: Plaintiff’s decedent, a 30-year-old industrial laborer, sustained severe closed head injuries from a work-related fall from a ladder. He was taken to the hospital for emergency treatment. Decedent later died in the emergency room. Plaintiff alleged malpractice on the part of the hospital for failure to perform surgery to relieve the subcranial pressure which eventually contributed to the death. The court directed a defense verdict on liability.