$10.5 Million Settlement Reached in Failure to Properly Evaluate, Timely Treat Lost Kidney Function

Matthew Rossignol, a combat veteran and a father of three, underwent an annual test at the Harry Truman Veterans Administration Hospital. The test results showed that he had an eGFR of 72.7. An eGFR (estimated glomerular filtration rate) is a measure of how well the kidneys are functioning. The eGFR is an estimated number based on blood tests and considers age, gender and body type.

After this test was conducted and measured 72.7, in the following year after additional testing, Rossignol allegedly received a letter from the VA stating that he was being approved for further renal evaluation and that he should avoid taking NASIDS (nonsteroidal anti-inflammatory drugs), and he should return for follow-up testing in six months. His eGFR fell to 4.1 approximately six years later.

Rossignol’s creatinine levels rose to 13.59. A normal creatinine blood test result is 0.7 to 1.3 mg/dL (61.9 to 114.9 µmol/L) for men. Nevertheless, the VA nurse practitioner did not discontinue Naproxen, an anti-inflammatory drug harmful to kidneys, for another full year.

Rossignol, now age 42, was later hospitalized for a gastrointestinal bleed, anemia and acute renal failure. Despite aggressive medical treatment, he continued to suffer from end-stage renal disease, necessitating dialysis.

He sued the United States, alleging the VA medical providers had chosen not to properly test and then treat his kidney disease and discuss his condition with him. Among other things, he asserted that the VA had negligently prescribed the continued use of Naproxen despite it being a renal-toxic medication. If Rossignol had the nephrology consultation as planned, his mild loss of kidney function would have been treatable, the lawsuit alleged.

Before trial, the parties settled for $10.5 million.

The attorneys handling this case for Rossignol were Laurie Higginbotham, Steven Haspel and Michael Campbell.

Rossignol v. United States, No. 2: 2021 CV 04235-NKL (W.D. Mo.)

Kreisman Law Offices has been handling hospital negligence lawsuits, nephrology negligence cases, physician negligence lawsuits, 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 47 years in and around Chicago, Cook County and its surrounding areas, including Waukegan, Joliet, Mokena, Homewood, Chicago Heights, Oak Lawn, Morton Grove, Elk Grove Village, Carol Stream, Addison, Elmhurst, Calumet City, Chicago (Ashburn, Burnside, Hegewisch, Beverly Woods, Lee Woods, Arcadia Terrace, Albany Park, Irving Park, Bucktown, East Village, Pilsen, Little Village, West Town), Oak Park, Melrose Park, Schiller Park and Hoffman Estates, Ill.

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

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