Paulette Elher filed a medical malpractice lawsuit against Dr. Dwijen Misra Jr. M.D., seeking damages alleging that Dr. Misra accidentally clipped her common bile duct while performing a laparoscopic cholecystectomy. Elher wanted to have the court admit expert testimony where it would be stated that clipping a patient’s common bile…
Chicago Medical Malpractice Attorney Blog
Illinois Appellate Court Reverses Dismissal of a Wrongful-Death Lawsuit as to a Physician on the Issue of Apparent Agency
The Illinois Appellate Court found that Advocate Christ Hospital should not have been dismissed from a wrongful-death lawsuit that involved pediatric cardiovascular surgeon Mary Jane Barth, M.D. The issue in the case was whether Advocate Christ Hospital could be held as the principal for the apparent agency of a doctor…
$3 Million Jury Verdict for Medical Negligence Related to Aggressive Burn Treatment
Wismond Brissett, 45, was treated at a local hospital for first- and second-degree burns. He suffered these burns while he was cooking at his home. Two days later, a plastic surgeon, Dr. David Watts, diagnosed first-, second- and third-degree burns to Brissett’s body. Dr. Watts scheduled a skin graft and…
Cervical Injection Mistake Causes Patient Death; Confidential Settlement Reached
Gary, 44, suffered from chronic neck pain. He underwent a cervical injection procedure at a surgical center and was treated by an anesthesiologist. After Gary was placed lying faced down during this procedure, the surgical staff discovered that Gary was not breathing. He was resuscitated and hospitalized. However, Gary died…
$1.5 Million Cook County Jury Verdict for Medical Negligence in Handling Eye Infection
On Aug. 31, 2010, 58-year-old Romil Pityou went to the Gerstein Eye Institute in Chicago with complaints of pain, redness and decreased vision in his right eye. He was treated by the defendant Melvyn A. Gerstein, M.D., an ophthalmologist. Over the next three weeks, he continued to undergo treatment by…
$124 Million Penalty to Stand Against the Drug Maker Janssen for the Drug Risperdal
The U.S. Supreme Court says it will not hear an appeal from Johnson & Johnson’s subsidiary, Janssen, which had been penalized $124 million for deceptive marketing of its anti-psychotic drug, Risperdal. The federal district court has entered a ruling that Janssen Pharmaceuticals Inc. should pay penalties for violating South Carolina…
$6.5 Million Jury Verdict in Failure to Ventilate Patient in Acute Respiratory Distress
Kastriot Sadiku, a 29-year-old student who had used oxycodone, went to a hospital suffering from vomiting and impaired respiration among other symptoms. He was seen by an internist, Dr. Joseph Hederman, who gave Sadiku supplemental oxygen and began to monitor his heart and blood oxygenation. When Sadiku’s condition worsened, he…
$374,000 Jury Verdict in Death Case for Failure to Administer Sufficient Anticoagulants Before Angioplasty
Carol Haas was 68 years old when she went to a nearby hospital where she was diagnosed with a myocardial infarction — a heart attack. She underwent an angioplasty performed by a cardiologist, Dr. Kevin Boyle. Apparently because of some blocked artery or arteries, she underwent an angioplasty, which is…
$3.7 Million Jury Verdict in Failure to Diagnose Melanoma That Progressed to Stage IV Metastasized Cancer
John Ficke was 50 years old when he developed a growth on his chest. His treating dermatologist performed a shave biopsy and sent the specimen to Columbia University College of Physicians and Surgeons, where a dermatology pathologist, Dr. Asher Rabinowitz, interpreted the growth as noncancerous. However, one year later, Ficke…
Illinois Appellate Court Affirms $4.7 Million Jury Verdict in Medical Negligence, Wrongful Death Case Where Defendants Argued for New Trial
In this Cook County, Ill., medical malpractice and wrongful death case, the hospital, Sisters of Saint Francis Health Services Inc. and Dr. Perry Marshall D.O. have appealed the jury’s verdict in favor of the family of the decedent, Georgia Tagalos. On July 9, 2006, the plaintiff, Ted Fragogiannis accompanied by…