Justia Lawyer Rating for Robert D. Kreisman

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Over a period of seven years that began in May 2008, Ms. Doe, 50, presented to an HMO complaining of a dime-sized lesion on her right lower leg. Ms. Doe was seen by dermatologists and vascular surgeons. A Doppler study was completed. The doctors dressed the wound and did debridement.

In 2015, a biopsy revealed basal cell carcinoma. Ms. Doe required an extensive incision and suffered significant scarring and muscle loss.

Ms. Doe and her husband sued the HMO alleging that they choose not to timely diagnose the cancer when it was evident. The defendant argued that it had met the standard of care and that its actions had been reasonable considering Ms. Doe’s significant venous insufficiency. There was no claim for lost income.

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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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The plaintiff Mary Sikora was the independent administrator of the estate of Chris Allan Sikora, deceased. Sikora brought a lawsuit against the defendant, Nirali R. Parikh, M.D., and ManorCare of Elk Grove Village Ill., LLC d/b/a ManorCare of Elk Grove Village, in the death of her husband from a pulmonary embolism. The case went to a jury trial; the jury returned a verdict in favor of both defendants.

Sikora moved for a new trial based in part on Dr. Parikh’s attorney’s closing argument. Dr. Parikh’s attorney asked the jury to place itself in Dr. Parikh’s shoes. The attorney allegedly violated a pretrial in limine order, which barred any mention of Sikora’s initial refusal to be transferred to the hospital on the day he died.

The trial court agreed that Dr. Parikh’s attorney had made improper remarks during closing argument and found the cumulative effect of those errors sufficiently prejudicial to warrant a new trial.
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Robert Suryadeth, 64, suffered from valvular heart disease. He was about to undergo outpatient surgery for his back problems. He met with an internist, Dr. Aruna Paspula, who had never before treated or seen Suryadeth.

Dr. Paspula did an electrocardiogram and listened to Suryadeth’s heart. Dr. Paspula cleared Suryadeth for surgery.

After the surgery, Suryadeth was discharged to go home. He died later that day. An autopsy showed that there were three blocked coronary arteries that undoubtedly were related to the cardiac arrest that caused his death. Suryadeth was survived by his wife and three children.
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A $1.53 million jury verdict was entered following the jury trial of 50-year-old Joseph Miller. Miller was referred to Bay Area Orthopaedics and Sports Medicine for evaluation of a bone spur in his right heel. Dr. Vivek Sood, an orthopedic surgeon, removed the bone spur and also did an Achilles tendon reattachment.

After the surgery, Miller suffered a deep wound infection in his right foot. The infection required seven additional surgeries and extensive medical care.

Miller lost a portion of his foot because of the wound infection. He was a laborer and remained out of work for approximately three months. His lost income was more than $19,600.
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Mr. Doe, 54, sought treatment for his hypertension from Dr. Roe, his primary care physician. Urinalysis showed two to three red blood cells in Mr. Doe’s urine. However, Mr. Doe was not advised of this condition.

At his annual physical about two weeks later, a screening urine test was normal. Approximately two years later, a different family practice physician referred Mr. Doe to a urologist after a urine test showed blood and red blood cells in Mr. Doe’s urine. This led to a diagnosis of metastatic renal cell carcinoma.

Mr. Doe died of his kidney cancer disease within three years. He was survived by his two adult children.
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Hamidan Mahamad underwent an annual gynecological checkup performed by an obstetrician, Dr. Herbert Mosberg, an employee of Hollis Women’s Center. Mahamad was in her middle 60s at the time of this exam. A routine transvaginal ultrasound showed the presence of free fluid in Mahamad’s pelvis, which was not there on previous ultrasounds.

Dr. Mosberg said that the latest test was normal. However, nine months later, Mahamad was diagnosed as having ovarian cancer that had metastasized to her uterus, liver and other organs.

In spite of several rounds of chemotherapy and surgery, Mahamad passed away from her illness about two years later. She is survived by her two adult children.
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The Florida Supreme Court has held that the trial court committed reversible error by allowing testimony by deposition of a patient’s treating neurosurgeon. The doctor testified at trial about what he would have done had the patient arrived at the hospital 1-2 hours earlier.

Alexis Cantore, 12 years old at the time, suffered a brain herniation resulting from hydrocephalus. Alexis and her parents sued two hospitals claiming that her untimely transport to a higher-level hospital led to a delayed treatment and late brain surgery to attempt to release the pressure on the brain.

At the jury trial, over the plaintiff’s objections, the first hospital offered the deposition testimony of the pediatric neurosurgeon who operated on Alexis. The doctor answered hypothetical questions about how he would have treated Alexis had she arrived at the second hospital 1-2 hours earlier. The jury found in favor of the defendants.
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Sharon Kimble, 50, suffered from chronic back pain. She took opioid pain medication and other drugs to alleviate her back pain. Kimble underwent back surgery at Laser Spine Institute to address her back pain.

Following this surgery, she was under the care of an anesthesiologist, Dr. Glen Rubenstein. Dr. Rubenstein ordered several essential nervous system depressants, including Dilaudid and Flexeril for pain control.

The Laser Spine Institute discharged Kimble two hours after her surgery to a nearby hotel with a prescription for oxycodone and instructions to continue her preoperative medications, including other central nervous system depressants.
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Joan Simmons, 58, was experiencing acute back pain. She went to the emergency room at St. Joseph’s/Candler Hospital. She was treated and released. Her back pain continued.

Eight days after the back pain started, she returned to the hospital complaining of an altered mental status. Testing revealed a blood stream infection.

An infectious disease specialist, Dr. Sarah Barbour, examined Simmons, who then began to experience progressive leg weakness.

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