Articles Posted in Misdiagnosis

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Matthew Rossignol, a combat veteran and a father of three, underwent an annual test at the Harry Truman Veterans Administration Hospital. The test results showed that he had an eGFR of 72.7. An eGFR (estimated glomerular filtration rate) is a measure of how well the kidneys are functioning. The eGFR is an estimated number based on blood tests and considers age, gender and body type.

After this test was conducted and measured 72.7, in the following year after additional testing, Rossignol allegedly received a letter from the VA stating that he was being approved for further renal evaluation and that he should avoid taking NASIDS (nonsteroidal anti-inflammatory drugs), and he should return for follow-up testing in six months. His eGFR fell to 4.1 approximately six years later.

Rossignol’s creatinine levels rose to 13.59. A normal creatinine blood test result is 0.7 to 1.3 mg/dL (61.9 to 114.9 µmol/L) for men. Nevertheless, the VA nurse practitioner did not discontinue Naproxen, an anti-inflammatory drug harmful to kidneys, for another full year.
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The defendants, Gregg Coccaro, M.D., and Associated Saint James Radiologist, S.C., appealed from the $6.5 million jury verdict in this medical malpractice lawsuit. The appeal raised the following two issues:

(1) Did the trial court abuse its discretion in making a series of rulings related to evidence, argument and instruction that unfairly prejudiced defendants and thus warranted a new trial; and

(2) Did the trial court err in awarding prejudgment interest because the General Assembly’s 2021 amendment mandating prejudgment interest in personal injury and wrongful death cases (735 ILCS 5/2-1303(c) (West Supp. 2021)) violated the Illinois constitution?
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Jennifer Schlutt, 26, was diagnosed as having squamous cell carcinoma of the distal urethra or periurethral area.

She underwent a course of radiotherapy treatment, including external beam radiotherapy and the placement of an implant.

During this radiation treatment, which lasted approximately six weeks, Schlutt suffered a severe reaction. She complained to her treating radiation oncologist, Dr. David Hornback, that she was experiencing extreme pain, open wounds, an internal burning sensation and skin hardening.

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With several other physicians, cardiologist Dr. Roy Venzon attended to Laura Staib, 39. While she was in the hospital, Staib was diagnosed as having congestive heart failure, pneumonia and sepsis. She remained hospitalized until she was transferred to a long-term care facility the following month. Four days after that transfer, Staib died. She was survived by her husband and two minor children.

The Staib family sued Dr. Venzon and his practice, alleging that he chose not to properly diagnose her cardiac condition and should have prevented her transfer to the long-term care facility until she received a proper workup.

The Staib family attorneys argued that in light of Staib’s worsening condition, Dr. Venzon, the cardiologist, should have done more to determine the cause of her heart failure. The Staib family attorneys argued that a virus attacked her heart, which was the cause of her untimely death.
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Mr. Doe, age 51, fell at home and injured his back. He went to an urgent care facility, complaining of back pain that did not improve with medication or application of cold or heat.

At the time, Mr. Doe did not complain of numbness and tingling. A doctor diagnosed thoracic back pain and prescribed Ibuprofen and physical therapy.

Two weeks later, Mr. Doe went to his first physical therapy appointment and reported that he had been unable to lie down because of severe pain. The treating physical therapist sent him back to the urgent care facility to be examined.
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Elizabeth Njinga suffered from back pain for a long period of time. She was referred to an orthopedic surgeon, Dr. Michael Alexiades. The doctor reviewed her x-rays and ordered an MRI.

Dr. Alexiades told Njinga that she had moderate degenerative changes in her hip and that her pain was coming from her hip and her back. The doctor recommended a hip replacement for pain relief.

After undergoing that surgery, Njinga experienced continued pain. Her relationship with her husband has been affected, and she is unable to travel extensively as she once did because of her condition.
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Ms. Doe underwent a laparoscopic hysterectomy that was performed by Dr. Roe, an obstetrician; she was discharged the same day.

She contacted the doctor’s office over the next few days, complaining that she felt ill and was experiencing pain. Four days after the surgery, Doe went to a hospital emergency room where a CT scan showed an accumulation of fluid in her pelvis. Surgery located a hole in Doe’s sigmoid colon, which necessitated a colostomy.

Doe also was later diagnosed as having an injured right ureter. Doe required a colostomy bag for ten months. She also required surgery to treat several incisional hernias.
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James Kowher underwent a stress test after experiencing an episode of chest pain while he was sleeping. Cardiologist Dr. Sobhan Kodali interpreted the test as negative.

About nine months later, Kowher experienced repeated chest pain episodes accompanied by shortness of breath, nausea and perspiration. Additionally, these episodes were increasing in frequency and severity and continued for up to ten minutes. Kowher’s primary care physician arranged an appointment with Dr. Kodali for two days later.

Dr. Kodali ordered an EKG and diagnosed Kowher as having panic attacks before discharging him. The primary care physician subsequently referred Kowher to a gastroenterologist, whose notes stated that Kowher’s chest pain were ongoing and worsening.
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Ms. Doe was in her late 30s and suffered from multiple symptoms, including headaches. She consulted Dr. Roe, a neurologist, who performed a clinical examination. Dr. Roe diagnosed Ms. Doe as having multiple sclerosis (MS).

For approximately the next seven years, Ms. Doe underwent chemotherapy treatment and took numerous medications, resulting in complications that included pulmonary embolism, infertility, and a compromised immune system. Now hospitalized for a sleep study, a medical provider told Ms. Doe that she did not have MS and never had the condition.

Doe sued Dr. Roe, the neurologist, alleging that he misdiagnosed her migraine condition as MS. Among other things, Doe argued that Dr. Roe chose not to confirm the diagnosis through a brain MRI and that previous imaging studies showed no evidence of lesions on her spine or brain.
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Joseph Barsuli, 49, was experiencing aches and left-sided neck pain. The doctor who examined him diagnosed a virus. He then developed numbness in his finger and arm, prompting his admission to a hospital.

At the hospital, a neurologist ordered a CT scan of the cervical spine, which was read by a radiologist, Dr. Wayne Liou, an employee of Virtual Radiological Corp. Dr. Liou interpreted the test as normal; however, the next day, another local radiologist reviewed the film and diagnosed a cervical epidural abscess.

A spinal epidural abscess is an accumulation of pus in the epidural space that can compress the spinal cord. The diagnosis of this is by MRI or by myelography followed by a CT scan. Treatment involves antibiotics and sometimes the drainage of the abscess. The symptoms of this condition are pain, fever and neurologic deficits.
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