$1.66 Million Jury Verdict in Late Diagnosis of Kidney Disease

Michael Davis consulted a nurse practitioner at CHI St. Alexius Health Williston when he experienced flu-like symptoms. A blood test showed an elevated white blood cell count. Eight months later, he returned to the nurse practitioner, complaining of frothy urine. Blood testing showed again an elevated white cell count and protein or blood in his urine.

The nurse practitioner referred Davis to a urologist. The urologist was alleged to have found no urological explanation for the abnormal test results.

About six months later, the follow-up appointment with the nurse practitioner and testing showed that the level of blood and protein in Davis’s urine had tripled. A urologist again allegedly determined there was no urological explanation for those results.

Three months after that last test, Davis visited a hospital emergency department. He was then returned to CHI St. Alexius Health Williston and was treated on several occasions by Dr. David Keene. Testing continued to show an elevated white blood cell count.

Six months later another doctor referred Davis to a nephrologist. This referred doctor ordered a renal biopsy, which revealed that Davis was experiencing kidney failure resulting from IgA nephropathy, also known as Berger’s disease, a disease of the kidney and immune system.

Davis, 40, underwent a kidney transplant. He was a truck driver who had earned $160,000 a year but is now unable to work.

Davis and his wife sued Dr. Keene, alleging that the doctor chose not to treat signs of kidney disease and failed to timely refer him to a nephrologist. It was alleged that had the kidney disease been treated earlier, Davis’s kidney failure would have been delayed by approximately fifteen years.

The jury signed a verdict for $1.66 million plus costs. The defendants appealed to the state high court, which affirmed the award in part and reversed in part on the issue of disbursements and costs. The parties later agreed to a total of $1.82 million.

The attorneys successfully handling this case for Davis and his wife were Jed Kurzban, Lauren Gallagher and Mark Larson.

The plaintiffs’ counsel engaged a nephrologist as their trial expert.

Davis v. Mercy Medical Center, No. 53-2019-CV-00589 (N.D. Dist. Ct. Williams County).

Kreisman Law Offices has been handling medical malpractice lawsuits, misdiagnosis of kidney disease, birth injury lawsuits and wrongful death 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 48 years in and around Chicago, Cook County and its surrounding areas, including Bartlett, Bloomingdale, Arlington Heights, Wheeling, Libertyville, Evanston, Maywood, Oak Park, Cicero, Oak Lawn, Crestwood, Orland Park, Tinley Park, Naperville, Bolingbrook, Warrenville, Aurora, Geneva, Chicago (Little Village, Greek Town, Hyde Part, Washington Heights, Calumet Heights, Kenwood, Fuller Park, Douglas, Lower West Side, South Loop, Wicker Park, Humboldt Park, West Loop, Lincoln Park, Edison Park), Park Ridge, Rosemont and Northlake, Ill.

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