After the death of 2-year-old Miranda Eid, Miranda’s parents, Mohammed and Lisa Eid, filed a lawsuit against Loyola University Medical Center alleging negligent medical treatment following her pacemaker replacement surgery.
Lisa Eid also sought damages for reckless infliction of emotional distress based on Loyola’s nurses leaving medical tubing in place when Miranda’s body was released for burial. The Cook County jury returned a verdict in favor of Loyola; the Eids appealed.
On appeal, the Eid family argued that (1) the jury’s verdict in favor of Loyola on the claims of medical negligence and reckless infliction of emotional distress was against the manifest way of the evidence; (2) the circuit court erroneously upheld Loyola’s claim of privilege under section 8-2101 of the Illinois Code of Civil Procedure (known as the Medical Studies Act) (735 ILCS 5/8-2101 et seq. (West 2012)) for information that was generated for the use of Loyola’s peer review committee when a designee of Miranda’s treatment and instructed another member of the committee to assemble information concerning the incident; (3) the circuit court improperly instructed the jury on the law concerning the claim of reckless infliction of emotional distress; and (4) defense counsel’s alleged improper remark during closing argument confused the jury, and the additional instructions the circuit court gave the jury did not correct the alleged confusion.