In this case, a manufacturer, Intuitive Surgical Inc., sold a surgical device, the robotic surgical system, to a hospital, Harrison Medical Center, which credentialed some of its physicians to perform surgery with the device. The surgical device is a robotic surgery tool called the “da Vinci System.” At the trial,…
Chicago Medical Malpractice Attorney Blog
$3.9 Million Verdict in Medical Malpractice Case for Failure to Monitor Procedure
George Hand, 63, developed incontinence and a swollen prostate. He consulted with urologist Dr. Gilbert Gonzalez who suggested using transurethral microwave therapy to heat up the prostate and cause it to shrink. During the transurethral microwave therapy procedure, Dr. Gonzalez placed the transurethral device and then left the room. The…
$4.75 Million Settlement Reached for Brain Injured Baby When Hospital Failed to Staff Physician to Handle Chest Tube Placement
On Oct. 30, 2009, J.S. (DOB: 5/7/09) suffered a bilateral tension pneumothorax at the defendant hospital, which resulted in a cardiopulmonary arrest for 23 minutes. A bilateral tension pneumothorax is a medical emergency, and it requires immediate treatment. This 6-month-old child was a post-cardiac surgical patient who suffered from chronic…
$3.72 Million Jury Verdict for Delayed Treatment of Stroke
Kristine Haveman, 38, collapsed at home and was brought to a nearby hospital in an unresponsive condition. The emergency room personnel examined her and ordered a CT scan. Doctors interpreted the scans as normal. That evening a neurologist diagnosed a thrombus in the left cerebral artery, which necessitated thrombolytic therapy.…
Misread Pap Smear Results in $4 Million Jury Verdict After Misdiagnosis of Cervical Cancer
Janice Rowland, 59, underwent a Pap smear that was interpreted as normal. Two and half years later, she developed post-menopausal bleeding and pelvic pain. She then underwent a cervical biopsy. The biopsy led to a diagnosis of metastatic cervical cancer, and she died several months later. Rowland was survived by…
$1.75 Million Jury Verdict for Death of Patient from Septic Shock Following Laparoscopic Surgery
Deborah Larkin, 42, underwent laparoscopic surgery. Over the next two days she complained of severe pain even with the use of medication. Larkin also developed tachycardia, low sodium levels, hypotension and an abnormally high white blood cell count. A kidney physician, a nephrologist, diagnosed sepsis prompting the surgeon to order…
U.S. Court of Appeals Overturns Summary Judgment in Favor of Health Insurer Over Death Following Surgery
The U.S. Court of Appeals for the 7th Circuit in Chicago has overturned a summary judgment order that was entered by a U.S. District Court judge over whether an insurance company, Sun Life & Health Insurance Co. (U.S.), should pay death benefits to the husband of the plaintiff when he…
Jury Finds for Hospital and Doctors in Undiagnosed Dissecting Aortic Aneurysm Death
Michael Sebestl, 37, experienced the sudden onset of severe chest pain. This occurred at home around 6 a.m. on June 1, 2008. He told his wife he thought he was having a heart attack, so she called 911 and he was taken by ambulance to Riverside Medical Center in Kankakee,…
Illinois Appellate Court Determines that the Injured Plaintiff’s Treating Physician and Defense Lawyer May Have Ex Parte Communications
In this medical negligence case, the Illinois Appellate Court took an interlocutory appeal on an issue of first impression regarding the application of the Petrillo doctrine on a unique set of facts. The plaintiff, Jacqueline McChristian, who was injured by a podiatrist, Dale Brink, DPM, claimed that the trial court…
US Court of Appeals Reverses and Sends Case Back for Trial on the Issue of Expert Medical Testimony
When Chelsea Weekley was about five months old, she suffered a skull fracture. The fracture expanded over time and a cyst was formed on her skull. At age 17, Chelsea was hit on the head and suffered a loss of consciousness, blurred vision and dizziness. After CT and MRI scans…