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 a Defense Verdict in DuPage County

January 22, 2024

Medical Group and Physician


Defense Verdict


Kent Mathewson and Zak Kutsulis successfully defended an ophthalmologist and his group in a medical negligence case in DuPage County. Plaintiff alleged the ophthalmologist failed to properly treat and advise on the need for continued care of a potentially progressive retina disease, which resulted in substantial vision loss. Plaintiff also alleged the ophthalmologist’s group failed to properly communicate with Plaintiff on the need for continued care. Kent and Zak presented evidence that Plaintiff’s vision loss was the result of unpreventable and unpredictable diseases. Further, Plaintiff was properly advised of the need for continued care but elected to discontinue scheduling future appointments, against medical advice.


The trial lasted one week. Plaintiff requested $7.35 million in damages. Following several hours of thoughtful deliberation, the jury returned a verdict for the defense.