Lawyers at DBMS successfully litigate a wide variety of civil cases and argue appeals in some of the most challenging jurisdictions in the country.

Medical Malpractice

DBMS Obtains Defense Verdict in Cook County

March 14, 2024
Client:

Physician and Medical Group

Outcome:

Defense Verdict

Synopsis:

On March 14, DBMS partners Michael Borree and David Duffey obtained a verdict in favor of their clients, an interventional cardiologist and his practice group, in a wrongful death case tried in Cook County.   Plaintiff alleged that the interventional cardiologist was medically negligent in performing a percutaneous coronary intervention on a seventy-year-old female patient.   Approximately one hour after the conclusion of the procedure, the patient suffered a severe heart attack caused by an occlusion in the stent placed during the procedure.  The patient died four days later from the complication.    Plaintiff’s expert claimed that a combination of factors caused the stent to occlude, including an improperly sized stent and inadequate expansion of the stent.   Plaintiff’s expert also claimed that the timing of the administration of antiplatelet medication was inappropriate, and that the patient was transferred out of the catheterization lab prematurely.  DBMS attorneys demonstrated through their expert and client that no mechanical obstruction caused by the stent’s size or lack of expansion caused the complication.   As well, the timing of the antiplatelet medication complied with the standard of care.  With the patient having no symptoms in the catheterization lab immediately after the procedure, the patient’s transfer to the telemetry floor was appropriate.  DBMS’ attorneys demonstrated that the complication was caused by the patient’s lack of response to the antiplatelet medication, which could not have been predicted.  After plaintiff’s attorney requested $8.5 million for the surviving family members during closing arguments, the jury returned a verdict for DBMS’ clients in just under 4 hours.