Articles Posted in Medical Malpractice

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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 the Illinois Central Railroad for damages when he was injured. Ross was a former freight conductor when he sued the Illinois Central Railroad alleging that he injured his head, neck, and back when he fell trying to board a train in January 2013.

Illinois Central then filed its claims against Dr. Sarmed G. Elias for medical malpractice alleging that his treatment was the cause of worsening injuries to Ross.
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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 the examination of cells from a patient’s body under a microscope to determine the presence of disease or illness. Instead, Dr. Roe referred Ms. Doe for a mammogram and ultrasound, which reported the presence of a hematoma.

Ms. Doe’s mass continued to grow. Dr. Roe allegedly attributed this to an enlarging hematoma during Ms. Doe’s multiple later visits.
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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 would be testifying as an expert witness, presenting evidence drawn from an electromyogram and EMG study yet to be performed. The EMG was to take place on June 1, 2017, but Dr. Preston’s report was not included in the record.

Dameron moved to designate Dr. Preston a “nontestifying expert consultant,” stating that Dr. Preston’s designation as a testifying expert witness had been “inadvertent.”
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This interlocutory appeal to the Illinois Supreme Court was dismissed. A supervisory order was entered remanding the case back to the trial court.

The plaintiff in this case filed a wrongful death and survival action lawsuit alleging medical malpractice of the defendant Union Health Service. The defendant alleged immunity under Section 26 of the Voluntary Health Services Plans Act. The Circuit Court of Cook County judge denied defendant’s Section 2-619 motion on the grounds that a 1988 amendment to Section 26 is unconstitutional.

The denial of the motion to dismiss is an interlocutory ruling, and it was found not to be subject to review by the Supreme Court under Rule 302(a)(1).
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Faith DeGrand was just 10 when she was diagnosed with congenital scoliosis. To try to prevent the condition from worsening, Faith underwent surgery by a pediatric orthopedist, Dr. Eric Jones. In this surgery, Dr. Jones inserted hardware in Faith’s thoracic spine.

After this surgery, Faith experienced incontinence, numbness in her hands and fingers, and weakness in both legs. Dr. Jones examined Faith, but found nothing wrong. Another doctor took over Faith’s care after Dr. Jones went on vacation.

Faith’s condition worsened. Dr. Jones then performed another surgery to loosen the hardware he had placed in Faith’s thoracic spine during the first surgery. Despite this effort, Faith’s symptoms worsened. Dr. Jones then went on another vacation. The other doctor, taking over Faith’s medical care, ordered an MRI. Faith underwent yet another surgery, this time to remove the hardware, which had led to decreased blood flow to and indirect compression of her cervical spine.
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A chest X-ray of Marilyn Day, 76, revealed a suspicious lung mass several weeks after she had been admitted to Firelands Regional Medical Center. She was suffering from leg weakness, confusion and disorientation when she was admitted. A repeat X-ray showed the mass had shrunk.

An MRI of the brain revealed multiple ring-enhancing lesions with restricted diffusion, consistent with a brain abscess or metastatic cancer. Neurologist Dr. Jean Barylski Danner examined Day and reviewed the MRI. She told Day’s family that she was likely suffering from metastatic brain cancer.

Testing for lung cancer was negative. After an infectious disease consultation, and a week after Day’s consultation with Dr. Barylski Danner, she was administered antibiotics to treat a brain abscess. A neurosurgeon performed an aspiration procedure.
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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 required dialysis until his death three years later. The finalized results of the renal function test, which arrived after Marr’s kidney failure, showed that he had worsening kidney function.

Marr’s estate sued Kunsman and Saboo alleging negligent authorization and administration of contrast dye on a patient with worsening kidney function. Marr argued that the defendants should have reviewed the finalized test result before contrast dye was administered.
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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.

The next day, Mejia allegedly called her treating medical clinic, with the help of a friend, to report that she was experiencing high fever and significant pain. Her condition continued to deteriorate, and she was taken by ambulance to the hospital the next day.

Mejia went into septic shock, renal failure and other problems that required emergency surgery. Cultures from this surgery revealed Group A streptococcus and candida. Mejia was then taken to the ICU where she suffered cardiac arrest and several strokes.
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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 alleging he mishandled the procedure by thinning her skin excessively and stitching her skin too tightly. This process led to blood flow problems and tissue death. She also maintained that Dr. Beird chose not to diagnose and treat the thinning skin and stitching her skin too tightly when she visited the doctor three times after the surgery.

The jury returned a verdict of $400,000.
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The U.S. District Court judge in Chicago handled a bench trial medical malpractice case under the Federal Tort Claims Act (FTCA). The result was a judgment in favor of a plaintiff that included $13.75 million in noneconomic damages for what the court described as “glaring” medical malpractice that caused the plaintiff to suffer “complete and irreversible failure of both kidneys.”

The U.S. District Court Judge Nancy J. Rosenstengel denied the federal government’s motion for reconsideration.

The plaintiff, Kevin Clanton, spent 31 months on dialysis before receiving a kidney transplant. The court stated, “It is reasonably expected that Clanton will spend at least two decades on an extensive daily regimen of anti-rejection and immunosuppressive medications, he will endure two additional rounds of dialysis that will last at least 3-5 years each and he will undergo one, perhaps two more kidney transplants, not to mention periodic hospitalizations, counseling services and a dizzying array of medications, doctor appointments and lab tests.”
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