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

August 13, 2024
Client:

Ophthalmologist

Outcome:

Defense Verdict

Synopsis:

Kent Mathewson and Mike Lustig received a defense verdict following a jury trial in the Circuit Court of Cook County where they represented an ophthalmologist who was alleged to have negligently treated a patient in the emergency department at a local hospital.  The patient had a pre-existing significant visual impairment in his companion eye when he presented with sudden total vision loss in his good eye.  The patient was correctly diagnosed with a central retinal artery occlusion.  Plaintiff alleged the defendant ophthalmologist should have recommended the use of tPA to eliminate the occlusion and restore blood flow to the retina.  Through expert testimony, the defense demonstrated that tPA was not proven effective, was not within the standard of care for an ophthalmologist, and it was unclear this patient would have been an appropriate candidate for tPA therapy.  The plaintiff had requested $3.5 million in damages.