$10 Million Jury Verdict After Hospital Does Not Treat Kidney Failure

Rita Epps, 63, went to the Southside Regional Medical Center emergency room. While at the hospital, Epps underwent testing, which showed she was suffering from acute kidney failure. She was admitted to the hospital; the hospitalist ordered a nephrology consultation with the on-call nephrologist.

Dr. Sajid Naveed, the on-call nephrologist, said he did not receive that order. The same night, Epps was given additional pain medication. Testing showed that she was suffering from severe acidosis. Dr. Naveed ordered additional bicarbonate but did not come to the hospital or order emergency dialysis, which apparently was desperately needed.

Early the next morning, Dr. Naveed came to the hospital and ordered renal replacement therapy. After Epps had a catheter inserted, she suffered cardiac arrest, which led to her untimely death several days later. Epps was survived by her husband and three adult children.

The Epps estate sued Dr. Naveed, alleging that he chose not to order dialysis shortly after she was admitted to the hospital. The Epps family argued that her very high lactic acidic level, pH 6.6, constituted a medical emergency. The lawsuit did not claim economic damages.

The jury returned and signed a verdict for $10 million, which the court reduced under the state’s damages cap. The court immediately overruled the defendant’s motion to set aside the verdict. The parties later settled for an undisclosed amount.

The attorneys successfully handling this case for the Epps family were Brewster Rawls and Eric Speer.

Epps v. Naveed, No. CL 18-240 (Va. Cir. Ct. Petersburg County)

Kreisman Law Offices has been handling failure to diagnose kidney failure, physician negligence lawsuits, hospital negligence cases, birth trauma injury lawsuits, medical negligence cases and nursing home fall lawsuits 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 45 years in and around Chicago, Cook County and its surrounding areas, including LaGrange, Villa Park, Maywood, Warrenville, Woodridge, Hickory Hills, Orland Park, Oak Forest, Palatine, Northbrook, Long Grove, South Barrington, Chicago (Humboldt Park, East Garfield Park, West Town, South Loop, Near North Side, Edgewater, Budlong Woods, Westridge, Portage Park, Old Irving Park, Belmont Cragin, Lower West Side, Hermosa, Little Village), Cicero, Berwyn, Oak Park, Crestwood, and Forest Park, Ill.

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