Our Record of Success

DBMS Obtains a Defense Verdict in Lake County

On November 20, 2024, a Lake County jury returned a defense verdict in favor of a surgeon and his surgical practice represented by David Duffey and Connor Whitting. The patient was involved in a motor vehicle accident and presented to the emergency department with complaints of chest pain and shortness of breath. Imaging revealed that the patient sustained a non-displaced sternal fracture as a result of the motor vehicle collision. The defendant surgeon was consulted and admitted overnight for observation and to rule out a cardiac contusion. During the overnight period, the patient experienced a reduction in oxygen saturations and was placed on supplemental oxygen. The patient was assessed by the surgeon and the internal medicine service the following day and was deemed stable for discharge after an echocardiogram confirmed the absence of a cardiac contusion. The patient was discharged in the early evening but died 36 hours later.  Plaintiff alleged that the patient’s oxygen saturations were not properly assessed prior to discharge and the patient was prescribed medications that could depress her respiratory system and potentially cause respiratory arrest. Plaintiff claimed that the standard of care required further assessment and observation of the patient in the hospital given the patient’s oxygen saturations and her co-morbidities, which included chronic obstructive pulmonary disease.  The defense demonstrated that the patient was appropriately discharged after she was assessed by the defendant surgeon and multiple other medical providers, which showed that the patient’s respiratory status was stable. The defense also demonstrated that, more likely than not, the patient did not experience any deterioration of her respiratory status following discharge. Rather, the patient likely passed away as the result of a sudden cardiac arrhythmia stemming from her underlying coronary artery disease, which was identified on autopsy. Plaintiff requested $1.7 million in damages. The jury deliberated for a little over one hour.