Justia Lawyer Rating for Robert D. Kreisman

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Nicholas Carusillo, 29, had a history of bipolar affective disorder, manic depression and substance abuse. After experiencing signs of mania and behavioral outbursts, he was admitted to an inpatient psychiatric unit. His medication, including Seroquel and lithium, were increased until his condition stabilized.

He was then discharged to Metro Atlanta Recovery Residences Inc. At the facility, Dr. Richard Waldman evaluated Carusillo and discontinued the lithium in addition to lowering the Seroquel dosage.

Carusillo’s longtime mental health provider was in contact with a Metro Atlanta staff member and explained that it was imperative for Carusillo to receive his medications. Nevertheless, Dr. Waldman lowered the Seroquel dosage once again.
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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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Edward Peers was eating dinner with his family when he felt a jolt of pain in his back and radiating chest pain. He was taken to Doylestown Hospital where he was examined by an emergency department physician who ordered two EKGs.

The test results were not concerning for acute coronary syndrome, and a chest x-ray did not reveal any acute findings. Nevertheless, while at the emergency department, Peers experienced shortness of breath, nausea and bradycardia.

The emergency department doctor allegedly diagnosed nonspecific chest pain and heat exhaustion. The doctor ordered that Peers be discharged after receiving IV hydration.
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Robin Mann underwent a screening mammogram at the McGuire Veterans Affairs Medical Center. A doctor there allegedly noted a previously seen mass in Mann’s left breast but did not order an ultrasound.

Approximately two years later, Mann underwent another screening mammogram that revealed no new masses. The following year, she noticed a mass in her left thigh, a small lump in her right buttock and a palpable lump in her left breast. A physician at McGuires Women’s Health Center allegedly diagnosed a benign fibrocystic condition and ordered another mammogram. After undergoing this test, Mann was advised to continue with routine screening mammograms.

The lump in Mann’s breast grew larger. She underwent a diagnostic mammogram, but this allegedly was not compared to the previous images. When an ultrasound did show an abnormal mass, Mann underwent a breast biopsy, which led to a diagnosis of high-grade invasive mammary carcinoma.
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Ms. Doe, 70, suffered from atrial fibrillation and had two mechanical heart valves. She was prescribed Coumadin to prevent a stroke. When Dr. Roe, her treating cardiologist, recommended elective replacement of her pacemaker battery, the Coumadin was stopped five days before the procedure. It was then restarted after the surgery.

Dr. Roe placed Ms. Doe on Bactrim to prevent infection and ordered an INR test, which is the international normalized ratio blood test. The test showed a result of 3.2 – more than double the previous INR taken before the procedure. Dr. Roe allegedly ordered a repeat INR for one month later. The INR blood test tells a patient how long it takes for blood to clot. A test called prothrombin time (PT) measures how quickly the blood clots in the body.

Before the repeat INR test, Ms. Doe was taken to the hospital ER suffering from anemia. Her INR at the time was 22.8. While at the hospital, Ms. Doe coded several times and died the next day.
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Jonathan Buckelew, 32, experienced neck pain and a headache for four days. In addition, he suffered bouts of blurred vision and ringing in his ears. He went to a chiropractor — Dr. Michael Axt — who completed a neck adjustment.

When Buckelew sat up after the adjustment, he reported dizziness; he appeared disoriented. Dr. Axt called 911, and Buckelew, who became unresponsive, was taken to North Fulton Hospital.

By the time he arrived at the hospital, he was able to move only his right hand. An emergency physician, Dr. Matthew Womack, allegedly diagnosed a possible dissection and ordered a CT of the brain and a computed tomography angiography (CTA) of the neck. A radiologist, Dr. James Waldschmidt, interpreted the CTA showing a potential vertebral artery dissection.
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Kerri Downes, 22, discovered a lump in her right breast while showering. She went to Axia Women’s Health, where she was seen by a nurse practitioner, Eileen Carpenter. Carpenter diagnosed fibrocystic breast changes, and a follow-up exam was scheduled for two weeks later.

At this appointment, Carpenter again diagnosed bilateral fibrocystic changes. Approximately nine months later, Downes experienced itching and burning of the skin over her breast. She consulted a physician, who noticed that Downes’s right breast was larger than her left and that she had a mass in her right breast.

An ultrasound and a biopsy led to a diagnosis of Stage IIB breast cancer, with metastasis to three lymph nodes. Downes underwent a bilateral mastectomy with lymph node dissection, chemotherapy and radiation as well as breast reconstruction. Downes is now 26 and has a reduced chance of survival.
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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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A federal district court judge in Chicago declined to stay the prejudgment interest in a medical malpractice case, reaching a similar conclusion given by another federal judge in this highly anticipated ruling.

In a written opinion recently published, U.S. District Court Judge Steven C. Seeger declined to rule on the constitutionality of the Illinois Prejudgment Interest Act.

“Defendants offer no reason to stay application of the statute, other than a barebones gesture to a non-binding state court decision,” the judge wrote in a statement. “That’s not enough of a reason to stay the application of a statute that promotes settlement talks.”
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Alfred J. Giudicy appealed the circuit court’s judgment dismissing his medical malpractice case without prejudice after he chose not to file an affidavit of merit within 180 days. The filing deadline is required under § 538.225. Giudicy argued that § 538.225 violates the Missouri Constitution.

It was also contended by Giudicy that the medical providers waived their defense of failure to file an affidavit of merit and that he substantially complied with the statute. The Missouri Supreme Court rejected those arguments and affirmed the circuit court’s judgment.

Section 538.225 serves “to cull at an early stage of litigation suits for negligence damages against health care providers that lack even color of merit” and “protect the public and litigants from the cost of ungrounded medical malpractice claims.” See Mahoney v. Doerhoff Surgical Serves, Inc., 807 S.W. 503, 507 (Mo. Banc 1991). The section also prevents the plaintiff from threatening a medical provider with a groundless claim before settlement in lieu of the high cost of defense.
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