Sharon Wiser, 62, had a history of migraine headaches. She experienced right-sided headaches over a two-week period. She went to Essentia Health Duluth Clinic, where she reported her headache history and told the clinic staff that she was suffering from blurred vision. Wiser was discharged from the clinic with a…
Chicago Medical Malpractice Attorney Blog
Illinois Appellate Court Calls Settlement in Medical Malpractice Case Not in Good Faith
On May 6, 2019, the Illinois Appellate Court overturned a $25,000 settlement between a patient and doctor and revived a potentially far greater contribution claim brought against the doctor by the patient’s employer. The original lawsuit stems from a Federal Employer’s Liability Act (FELA) case wherein Antwon M. Ross sued…
$3.86 Million Jury Verdict for Injuries Suffered from Failure to Perform Stroke Workup
Paul Chicoine was 47 years old when he experienced nausea, vomiting and extreme dizziness as he was painting a ceiling. He then developed left-sided numbness, weakness, and slurred speech. He was taken by ambulance to a hospital where he was given medication. An emergency physician, Dr. Michael Mendola, ordered blood…
State Appellate Court Finds Expert Report Sufficient in Medical Negligence, Wrongful Death of a Child from Bacterial Infection
A Texas state appellate court has held that a plaintiff expert’s report was adequate in a case brought by the parents whose child died after receiving inadequate treatment for a respiratory infection. Luz Del Carmen Rodriguez and Victor Velazquez took their infant son to the office of a pediatrician, Dr.…
$13.95 Million Jury Verdict for Late Diagnosis and Treatment of Child’s Embolic Stroke
Latosha Evans, 17, a heart transplant recipient, went to Children’s Hospital to undergo a cardiac catheterization to correct a fractured stent in her ascending aorta. After this procedure, which lasted approximately three hours, Latosha was transferred to the facility’s post-anesthesia care unit. A report from a neurology consultation allegedly wrote…
$887,000 by Arbitration for Wrongful Death, Late Diagnosis of Breast Cancer Patient
Ms. Doe, 47, had a family history of breast cancer. When she discovered a mass in her right breast, she consulted with Dr. Roe, a family practice physician. The doctor aspirated the mass with an 18-gauge needle but did not send the aspiration collection to cytology for analysis. Cytology is…
$1.8 Million Wrongful Death Settlement for Failure to Diagnose Pulmonary Embolism
Ms. Doe, age 43, was hospitalized and treated for sepsis after she underwent laparoscopic surgery. Shortly after her release from the hospital, Ms. Doe experienced severe shortness of breath, tachycardia and lower back pain. Ms. Doe met twice with Dr. Roe, an infectious disease specialist, who ordered a chest X-ray,…
Illinois Appellate Court Finds That Physician and Pharmacy Have No Duty to Warn of Medical Risks Associated With Long-Term Use of Reglan
The plaintiff, Stephan Urbaniak,was prescribed and took a drug called Reglan for six years. He developed severe movement disorders. The prescribing physician, Dr. John Ross, admits that he was unaware of the risk of developing these movement disorders from long-term use of this prescription drug. By operation of the “learned…
Illinois Appellate Court Affirms Jury Verdict Ruling that Defendant Doctor’s Closing Argument Comments Did Not Cause Substantial Prejudice
After Ernestine Wilson’s 23-year-old son Brian Curry died from a saddle pulmonary embolism (a blood clot that blocked the large pulmonary artery straddling his lungs), she sued emergency room physician Dr. Eric Moon and Chicago’s St. Bernard Hospital. She claimed that the doctor was negligent in choosing not to diagnose…
Illinois Appellate Court Reverses Decision that Party Can Change a Testifying Expert to a Non-testimonial Expert
In August 2013, Alexis Dameron underwent surgery at Mercy Hospital and Medical Center where she claimed to have sustained injuries due to medical negligence. She filed a medical malpractice case against Mercy and various employees at the hospital on Nov. 6, 2014. During discovery, she disclosed that Dr. David Preston…