Our Record of Success

DBMS Obtains a Defense Verdict in DuPage County

A DuPage County jury returned a defense verdict in favor of an internist and his medical group represented by Mark Burden and Justin Evans.  The patient complained of a headache and chest tightness with warmth that spread from the chest up his neck while at home.  Two days later, the patient saw the defendant internist and complained of a chest sensation that was only present when he took a deep breath.  The next day, the patient died as a result of an aortic dissection and rupture.  Plaintiff alleged that the patient’s headache and chest symptoms were indicative of an aortic dissection, the patient was at high risk of aortic dissection, and that the aortic dissection occurred at onset of the headache and chest symptoms.  Plaintiff claimed that the standard of care required the internist to send the patient to a higher level of care – either to the emergency department or a cardiologist.  The defense demonstrated that the standard of care did not require the internist to refer the patient to a higher level of care as the patient was hemodynamically stable and did not have any typical signs or symptoms indicative of an aortic dissection or any emergent condition warranting referral to a higher level of care.  The defense also demonstrated that, more likely than not, the dissection did not occur until after the patient saw the internist.  Plaintiff requested $25 million in damages.  The jury deliberated for under one hour.