$1.35 Million Jury Verdict in Failure to Timely Diagnose, Treat Urinary Tract Infection

Lindsey Setzer was 24 years old and fourteen weeks pregnant with her first child. She experienced right-sided flank pain, abdominal cramping and nausea. She went to a hospital emergency room, where a nurse took her vital signs, which showed that she had an elevated temperature and a high pulse rate of 144.

After an ultrasound, Setzer was diagnosed as having kidney stones and discharged. Early the following morning, she went to a different hospital; this time she was diagnosed as having sepsis and respiratory distress. She underwent placement of a ureteral stent and suffered a spontaneous abortion during the procedure.

She continues to suffer chronic fatigue and memory issues resulting from the sepsis and has been diagnosed as having post-sepsis syndrome.

She sued the first hospital, SSM Health Care St. Louis, alleging its on-call physician and nurse chose not to diagnose and treat her for a urinary tract infection. Among other things, Setzer claimed that the physician failed to examine her while she was in the emergency room.

After a St. Louis County jury trial, the jury signed a verdict for more than $1.35 million. An appeal is pending.

The attorneys successfully handling this case were Gregory Fenlon, David Horan and David Perney.

The experts who testified for Setzer worked in the areas of emergency medicine and nursing. The defendant hospital presented experts in obstetrics, nursing and economics.

Setzer v. SSM Health Care St. Louis, No. 2016-SLCC-03273 (Mo. Cir. Ct. St. Louis County, Mo.).

Kreisman Law Offices has been handling birth trauma injury lawsuits, birth injury cases, wrongful death cases, hospital negligence lawsuits and obstetrics negligence cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Berwyn, Brookfield, Cicero, Evergreen Park, Fox River Grove, Des Plaines, Lisle, Geneva, Glencoe, Glenview, Northfield, Round Lake Beach, Schaumburg, Schiller Park, St. Charles, Aurora, Highland Park, Chicago (DePaul University Area, Chinatown, Cathedral District, Canaryville, Buena Park, Bronzeville, Brighton Park, Bridgeport, Loyola Park, Pulaski Park, Printer’s Row, Wrigleyville, West Loop), Joliet, Lake Forest, Morton Grove and Northbrook, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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