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Chicago Medical Malpractice Attorney Blog

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Illinois Supreme Court Considers Whether a Technical Violation of the Illinois Biometric Information Privacy Act Applies Without Some Additional Injury

On Nov. 20, 2018, the Illinois Supreme Court heard oral arguments in the case of Rosenbach v. Six Flags, which reportedly is the first case concerning Illinois’ Biometric Information Privacy Act (BIPA). The issue in the case was whether a person whose biometric data has been inappropriately collected in violation…

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$1.6 Million Jury Verdict in Negligent Handling of Contrast Dye that Caused Kidney Failure

David Marr, 72, was undergoing cancer treatments at a cancer institute. He underwent a kidney function test, which was ordered by a nurse practitioner, Janet Kunsman. Radiologist Dr. Sachin Saboo then authorized a CT scan with IV contrast. After the contrast dye was applied, Marr suffered kidney failure. Subsequently, he…

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$4.9 Million Jury Verdict for Failure to Timely Evaluate Patient, Leading to a Below-the-Knee Amputation

Samuel Gray was 61 when he reported excruciating pain and cramping in his left lower leg. He was taken by ambulance to a hospital emergency room where it was noted that he had diminished foot pulses and was in severe pain. He was later diagnosed as having acute ischemia of…

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Negligent Treatment of Postoperative Infection and Death Lead to Undisclosed Settlement

Ana Mejia, 35, was admitted to an undisclosed hospital to undergo a tubal ligation following the birth of her third child. The procedure was done by a doctor employed by the Public Health Service. Although she experienced postoperative bleeding and dizziness, she was discharged with a prescription for pain killers.…

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$14 Million Jury Verdict for Error in Misreading CT Scan

Courtney Webster was diagnosed as having rectal cancer when she was 41 years old. Five years later, she underwent a CT scan at CDI Indiana Center for Diagnostic Imaging after she experienced constipation and noticed blood in her stools. An independent contractor physician interpreted the CT test and did not…

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$6.3 Million Jury Verdict in Failure to Diagnose, Treat Compartment Syndrome

Jody Blatchley, a 32-year-old snowboarding coach, fractured his left tibia and right calcaneus in a snowboarding mishap. He underwent two surgeries over the next few days including a left tibial plateau repair surgery performed by Dr. Richard Cunningham. After a second surgery, it was noted that Blatchley had pain, decreased…

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$25.3 Million Jury Verdict for Negligence Related to Treatment of Stroke

Jerri Woodring-Thueson suffered a stroke. Several days later, tests showed a suspected vertebrobasilar arterial dissection. She was transferred to Seattle’s Harborview Medical Center, the nearest comprehensive stroke center. A vertebral artery dissection is a flap-like tear of the inner linings of the vertebral artery, which is located in the neck…

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Illinois Appellate Court Affirms Dismissal of Wrongful Death Claim for the Expiration of the Statute of Limitations on Negligence

On April 21, 2011, Gail Osten had a screening mammogram. The “technologist” at the screening noticed a slightly inverted left nipple and a brown discharge, which Osten had not noticed before. The mammogram revealed bilateral benign calcification and no other masses or malignancy. No further tests were ordered. In December…

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$400,000 Jury Verdict for Negligent Face-Lift Surgery

Shelva Kostrzewa underwent a face lift that was completed by a plastic surgeon, Dr. Thomas Beird. She was 64 years old at the time. It was alleged in the lawsuit that she suffered severe scarring and disfigurement, which led to emotional distress. Kostrzewa sued Dr. Beird and his professional corporation…

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$43.33 Million Jury Verdict for Hospital’s Failure to Prevent Medical Practice by Physician Who Lacked Privileges

Billy Pierce, 61, was admitted to East Texas Medical Center complaining of stomach pain and vomiting. Gastroenterologist Dr. Gary Boyd diagnosed bile duct stones, acute pancreatitis and cholangitis. Pierce developed sepsis and multi-organ failure. Another gastroenterologist evaluated Pierce and removed his bile duct stones. Pierce recovered after this surgical procedure…

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