Our Record of Success

DBMS Obtains a Not Guilty Verdict in Cook County

On June 25, 2024, DBMS partner Michael Borree and senior counsel Brian O’Kane received a ‘not guilty’ verdict in a medical malpractice case tried in Cook County.   DBMS’ attorneys represented an interventional cardiologist and a general cardiologist.   The patient, a 67-year-old male, had a long-standing relationship with the general cardiologist given a prior coronary artery bypass graft surgery.   In early October 2018, the patient had an acute episode of chest pain and was hospitalized for one night.   All tests performed during the hospital admission did not demonstrate any concerns for a cardiac condition.   During an office visit following the brief hospital admission, the general cardiologist ordered an angiogram, which was performed and interpreted by the interventional cardiologist.   Both the interventional cardiologist and general cardiologist concurred that the angiogram showed severe disease in the vein graft placed during the patient’s prior surgery.   The two physicians determined to refer the patient to a surgeon for consideration of a re-do coronary artery bypass graft surgery.  The surgery was performed, and at conclusion of the procedure, the patient could not be taken off the heart-lung bypass machine.  The patient never recovered, and he died one month later.  The patient was survived by his wife and two adult children.   Plaintiff claimed that the angiogram was misinterpreted, that the referral for a re-do coronary artery bypass graft surgery was misguided, and that a percutaneous intervention in the vein graft should have been performed (as opposed to a re-do surgery).     DBMS’ attorneys presented testimony from experts which demonstrated that the angiogram interpretation was within the standard of care, and that the only way to successfully treat the diseased vein graft was through a surgery.   After plaintiff’s attorneys requested an award between $5 million and $10 million during closing arguments, the jury returned a verdict in favor of DBMS’ clients in two hours.