Justia Lawyer Rating for Robert D. Kreisman

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An Indiana University Hospital did not violate a law prohibiting patient dumping when it sent a woman suffering from severe abdominal pain to another facility to have dying portions of her intestines removed. The U.S. Court of Appeals for the Seventh Circuit in Chicago declined to revive the lawsuit that Jodie Martindale’s husband filed against Indiana University Health Bloomington Hospital under the Federal Emergency Medical Treatment and Labor Act (EMTALA or Treat Act) following his wife’s death. IU Health transferred Martindale to Community Healthcare Systems in Munster, Ind., after examining her. Martindale died at Community Hospital after ongoing intestinal surgery.

A panel of the Seventh Circuit rejected the argument that the Treatment Act required IU Health to stabilize Martindale before transferring her.

The panel acknowledged the Treatment Act generally bars a hospital from transferring a patient with an emergency medical condition if the patient has not been stabilized.
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Angie Muhammad had been receiving treatment at Northwestern Memorial Hospital since December 2003. She was hospitalized four times between January and May 2005 with psychotic symptoms.

In May 2005, she was prescribed Depakote as a mood stabilizer.

She became pregnant. After being advised by her physician, she discontinued using Depakote in October 2005. However, between May and October 2005 she received increasingly large doses of Depakote. Her child, C.M., was born with severe spina bifida, a known potential side effect from exposure to Depakote in utero.
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Maya Cotton underwent a mammogram after she developed a lump in her right breast. The interpreting radiologist allegedly reported that her condition was “probably benign.”

Approximately 16 months later, she was diagnosed as having Stage IIIB breast cancer, which required a bilateral mastectomy, radiation, chemotherapy and hormone therapy.

Cotton sued the radiologist and the radiology group, alleging that they chose not to properly interpret the mammogram, perform an ultrasound and perform a complete examination of her breast lump. The lawsuit claimed that this lack of affirmative action allowed her cancer to spread and become more advanced.
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The Illinois Appellate Court for the First District affirmed the decision of a Cook County judge with respect to a jury verdict. In 2014, Jesse Perez, as independent executor of the Estate of Marilyn Medina Perez, filed this lawsuit against St. Alexius Medical Center, Jeffrey E. Chung M.D., Christopher Michael M.D., and Suburban Women’s Health Specialist Ltd., among other defendants.

At trial, only claims against these four named defendants were considered.

Marilyn Perez died from metastatic pelvic abdominal cancer seven months after giving birth to twins by cesarean section.
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Jay West, 59, cut the fingertip of his left thumb while using a table saw. He went to Springhill Medical Center where he was advised that a fingertip amputation was medically necessary.

After the surgery, his treating surgeon wrote an order authorizing up to 4 mg of IV Dilaudid every three hours.

West was moved to the orthopedic floor, where a nurse administered 8 mg of IV Dilaudid in a course of two hours. Almost four hours later, West was found unresponsive. Resuscitation efforts were unsuccessful. West had been a carpenter. He was survived by his wife and two adult children.
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Chasidy Plunkard, 40, experienced pelvic pain and irregular bleeding. After undergoing a transvaginal ultrasound and diagnosed as having a cyst in the right ovary, she was referred to an osteopath, Dr. Charles Marks, who did an endometrial biopsy.

The biopsy was interpreted as benign. Dr. Marks allegedly told Plunkard that absent abnormal bleeding, nothing more needed to be done for her.

However, nine months later, Plunkard sought treatment for what was described as widespread pain. She also presented to a hospital emergency room five months later, complaining of severe abdominal pain. Plunkard underwent laparoscopic surgery and was later advised that she suffered from metastatic cancer.
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Margaret Parr, 68, underwent a hiatal hernia repair done by Dr. Medhat Allam. She was discharged several hours after the surgery. That night and the next morning, she suffered severe pain and was brought to another hospital where she underwent a second surgery, which revealed necrosis of her gallbladder, intestines, pancreas and stomach.

Unfortunately, Parr later died of ischemia resulting from thrombosis that had compromised one or more of the stents that been implanted in her celiac and mesenteric artery the year before.

Parr was a retiree and survived by her wife and adult daughter.
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Hansaben Patel, 74, was hospitalized and diagnosed as having uncontrolled diabetes and an electrolyte imbalance. While hospitalized, Patel’s hemoglobin dropped.

A gastroenterologist, Dr. Fadi Deeb, diagnosed a duodenal ulcer and prescribed proton pump inhibitors. Patel suffered two large bleeds and was then transferred to the facility’s ICU.

After a third massive bleed, Dr. Deeb performed surgery. It was unsuccessful in stopping Patel’s bleeding. Before scheduled embolization by an interventional radiologist, Patel vomited and aspirated blood.
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Mr. Doe., 66, presented to a hospital emergency room shortly before midnight, complaining of chest pain. He underwent an EKG and testing of his troponin levels; both tests allegedly were “nonspecific.” After Doe began belching excessively, treating physicians and medical providers allegedly administered a gastrointestinal cocktail.

Doe fell asleep and was later discharged and sent home. The next evening, Doe returned to the emergency room, complaining of continued chest pain.

He was transferred to another facility where testing revealed a 100% occlusion, blockage in his coronary artery. Doe also was treated for shock, stroke, acute kidney injury and respiratory failure among other things.
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During an endoscopy procedure at a surgery center, Nicholas Merlo’s oxygen saturation declined. A surgery center employee called 911. Emergency medical crews from American Ambulance arrived. Merlo was intubated and transported to the nearest hospital.

Enroute to the hospital, paramedics in the ambulance allegedly noted that Merlo had no breath sounds on one side and that his oxygen levels had dropped. Multiple attempts to reintubate Merlo in the back of the ambulance were unsuccessful.

When Merlo did arrive at the hospital, he suffered cardiac arrest. That lack of oxygen resulted in hypoxic brain damage. Merlo, 39, is now in a permanent vegetative state.
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