Justia Lawyer Rating for Robert D. Kreisman

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Mildred Vick, 65, underwent a Salpingo-oophorectomy performed by gynecologist Dr. Lawrence Bandy. Salpingo-oophorectomy is the surgery to remove the ovary fallopian tubes. This procedure is used to treat a variety of conditions, usually ovarian cancer.

Following this procedure, metabolic testing showed an abnormal glomerular filtration rate and creatinine level. The glomerular filtration rate (GFR) is a test used to check how well the kidneys are functioning. It estimates show much blood passes through the glomerular each minute. Glomerular are the tiny fibers in the kidneys that filter waste from the blood.

Creatinine is a waste product produced by muscles from the breakdown of a compound called creatine. Creatinine is removed from the body by the kidneys, which filter almost all of it from the blood and releases it in the urine. The creatinine test measures the amount of creatinine in the blood and/or urine.
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William Pratt, 75, a bilateral leg amputee, went to the Wills Eye Hospital emergency room at Thomas Jefferson University Hospital. He complained of eye pain and tearing. During his medical workup, Pratt’s eyes were dilated. He was then treated with an antibiotic eye ointment.

The attending physician discharged Pratt with a diagnosis of corneal abrasion. Pratt’s vision was impaired. He steered his motorized wheelchair over cement steps while leaving the hospital. He fell over, and his wheelchair fell on top of him, causing him to suffer a spinal cord injury and a subarachnoid hemorrhage.

Pratt underwent surgery but, unfortunately, he later died. He was survived by five adult children. One of the Pratt children, on behalf of the estate, sued Thomas Jefferson University Hospital and Wills Eye Hospital, alleging that its staff chose not to advise Pratt of the need for assistance following his discharge.
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Almost seven years into this lawsuit, after discovery had been closed and with a summary judgment deadline looming, the defendants in this case, Dr. Partha Ghosh and Wexford Health Sources Inc., raised the affirmative defense of res judicata for the first time. This was an unexpected motion to dismiss an amended complaint. When the plaintiff, Alnoraindus Burton, responded that the defense had been waived or forfeited, while the defendants argued that the 7th Circuit Court of Appeals opinion in Massey v. Helman, 196 F.3d 727 (7th Cir. 1999), required a district court to allow any and all new affirmative defenses whenever a plaintiff amends a complaint in any way. The district court judge in this case agreed with that decision and granted the defendants’ motion to dismiss.

In this appeal, the 7th Circuit reversed and remanded the case. The court stated that the standard for amending pleadings under Federal Rules of Civil Procedure 8(c) and 15 continues to govern the raising of new affirmative defenses even when an amended complaint is filed.

This appeals panel stated that Massey held that a defendant is entitled to add a new affirmative defense prompted by an amended complaint that changes the scope of the case in a relevant way. Massey does not, however, require a district court to allow any and all new defenses and response to any amendment to a complaint, without regard for the substance of the amendment and its relationship to the new defenses. Rather, a district court must exercise its sound discretion under Rules 8 and 15 in deciding whether to allow the late addition of a new affirmative defense.
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Kiersten Sparger underwent a lumbar laminoplasty performed by Dr. Bakhtiar Yamini, an employee of the University of Chicago Medical Center. The procedure took place on March 30, 2015.

On April 27, 2015, Dr. Yamini saw Kiersten again because her wound was leaking spinal fluid. Dr. Yamini instructed his staff to “overstitch” the wound. Dr. Yamini informed Kiersten and her father, Jeff Sparger, that she could not be admitted to the hospital due to a nursing strike. A pouch developed at the wound site and Kiersten was taken to the University of Chicago Medical Center on May 13, 2015 with a fever and significant neck pain. Dr. Yamini surgically repaired the leak. However, Kiersten developed infectious meningitis and suffered cognitive damage.

Jeff Sparger, on behalf of his daughter Kiersten, filed suit against Dr. Yamini and the University of Chicago Medical Center.
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William Pratt, 67, was diagnosed with Stage IV liver cancer. He fell down a flight of stairs and was transferred to a hospital emergency room where he was examined and sent for radiological scans. A preliminary reading of the scans concluded that he had not broken any bones during the fall.

The next morning, radiologist Dr. Geoffrey Gilleland reviewed the films and determined that Pratt had in fact broken nine ribs. Dr. Gilleland did not notify the emergency department of his findings, and Pratt was later discharged.

Over the next two days, Pratt developed pneumonia. He was admitted to another hospital where he died two weeks later of the pneumonia and complications of end-stage liver cancer. He was survived by his wife and three adult children.
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David Riese, 60, went to his primary care physician complaining of a lump in his neck. He underwent an MRI and was referred to ENT Dr. Matthew Jerles, who aspirated the lump.

Riese returned to Dr. Jerles several times and underwent the surgical removal of the lump, which had ruptured during the aspiration procedure.

Testing later revealed that there was a diagnosis of squamous cell carcinoma. Dr. Jerles then examined the back of Reise’s throat and diagnosed a tumor at the base of his tongue. It was later revealed that the tumor had been present on the MRI, which had been faxed to Dr. Jerles at the start of Reise’s treatment. Dr. Jerles obviously missed observing and noting that tumor.
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Kimberly Suchomel, 28, suffered from a seizure disorder. When she ran out of her seizure medicine, she called the office of her treating neurologist, Dr. Eduardo Gallegos.

She asked for a refill of the medicine but was told by a receptionist that the doctor’s office said she would have to be seen by the doctor in order to receive a refill. An appointment was scheduled for the next available time, which was two months later.

Before this appointment, the doctor’s office told Suchomel that Dr. Gallegos would not see her and that she would not receive her refill until she paid the outstanding balance due to his office.
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In this medical malpractice lawsuit, the state supreme court of Utah affirmed the decision of the court of appeals, which affirmed the judgment of the district court excluding the plaintiff’s proximate cause expert’s testimony. The state high court held that the district court did not err.

Richard and Deanne Taylor’s daughter, Ashley, was diagnosed at a young age with a neurological disorder that caused her to suffer from spasticity. To control this effect, Ashley received the medication Baclofen through a catheter and an implanted Baclofen pump that delivered it into the thecal sac around her spinal cord.

On April 17, 2013, Ashley woke up suffering from severe shaking in her legs. She saw a physician at the University of Utah Hospital where she received an oral dose of Baclofen. The physician did several tests, which gave Ashley more oral Baclofen and instructed her to return the next day. Although the following day’s tests did not show an obvious sign of a problem, the doctor thought there might still be a problem with the pump. During that time, Ashley kept vomiting and had difficulty keeping down oral doses of Baclofen. After further consultation, the doctor recommended surgery to replace the pump and the catheter connected to it. The surgery was performed the following day. Ashley’s sister later agreed with the statement that Ashley was “back to herself” a day after the surgery.
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Gerald Sanford, 72, suffered from mitral valve disease. When he experienced heart palpitations, he consulted with an interventional radiologist, Dr. Amarnath Vedere. The doctor did an angiogram to examine the workings of his patient’s blood vessels; during the examination, he used an x-ray and dye.

The results of the angiogram showed a calcified lesion in the mid-segment of Sanford’s left anterior descending artery. This artery is known to be one of the most likely to be occluded. Dr. Vedere scheduled Sanford for percutaneous coronary intervention, a catheterization with a plaque-removing procedure and stent replacement.

During this procedure, Dr. Vedere attempted fourteen times to insert a guiding catheter with a stent. Sanford suffered respiratory arrest, which led to his death just a few weeks later. He was survived by his wife and teenage daughter.
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Heather Effler was seen at a hospital’s emergency room where she was diagnosed as having an infected urachal cyst. A urachal cyst has been defined as a collection of tissue and fluid between the bladder and the belly button. In most cases, this cyst forms as a remnant of the urachus, a structure normally present in a fetus; the cyst usually closes before birth.

The general surgeon, Dr. Sarkis Aghazarian, performed surgery to remove the cyst. During the surgery, he placed a row of approximately 25 metal surgical staples to close Effler’s bladder dome.

More than two years later, Effler began to bleed and then passed a painful bladder stone. A later cystoscopy showed the presence of additional bladder stones, which then required another laser surgery.
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