Justia Lawyer Rating for Robert D. Kreisman

by

The defendant, Edward Hospital, claimed that certain of its internal documents were confidential and that the Circuit Court of DuPage County, Ill., should not have ordered it to produce them during the discovery in a lawsuit for a medical malpractice and wrongful death. Edward Hospital insisted that the Medical Studies Act (735 ILCS 5/8-2101 et seq. (West 2014)) protects those documents from disclosure. The Illinois Appellate Court affirmed, holding that the trial judge was correct in that all documents at issue must be produced.

On Oct. 13, 2013, the plaintiff Abigail Kiersten Grosshuesch was admitted to Edward Hospital 30 weeks pregnant. Her baby, Isabella Kitsen Zormelo, was born the same day. Baby Isabella suffered from numerous medical issues, including necrotizing enterocolitis. Unfortunately, Baby Isabella died on Nov. 1, 2013.

In December 2013, Grosshuesch contacted Edward Hospital’s patient advocate and expressed concern about the care and treatment rendered to her and Isabella. Pursuant to Edward Hospital’s medical staff quality committee (MSQC) charter and its peer review policy (both enacted in 2008), the plaintiff’s concern in conjunction with Isabella’s death constituted “review indicators” resulting in a referral to the MSQC.
Continue reading

by

An appeal from the Circuit Court of Franklin County, Mo., ended up in the Missouri Supreme Court on the issue of a disqualifying motion of a juror who was alleged to have been biased. This was a medical malpractice lawsuit against Mercy Hospitals.

On March 13, 2013, the plaintiffs, Thaddeus Thomas, a minor, by his next friend and mother, Marlin Thomas, filed a medical negligence lawsuit in connection with the Cesarean section delivery. In the lawsuit, it was claimed that Baby Thaddeus suffered brain damage as a result of the negligence of the hospital’s medical providers before and during the labor and delivery.

During voir dire, jury selection, the Thomas attorney informed the venire panel, “[T]his case involves Mercy Clinics Physicians as the defendant and Mercy Clinic Hospital. Just knowing that they are defendants in this case, is there anyone that feels they might start off the case a little bit more in favor of one party or the other?”
Continue reading

by

Marla Dixon was admitted to a hospital in labor. Her obstetrician was Dr. Ata Atogho, a U.S. government employee. Dr. Atogho attended the delivery.

After the heartrate monitor of the fetus showed decelerations and poor variability, a nurse discontinued Pitocin and called Dr. Atogho who arrived sixteen minutes later. Dr. Atogho restarted the Pitocin. Dixon labored for another hour and a half.

Dr. Atogho then used a vacuum extractor to deliver Dixon’s baby son, who was born in a depressed condition with Apgar scores of one at one minute and four at five minutes.
Continue reading

by

Keyanna Vaughn, the mother of Marcus Crawford Jr., was first admitted to the University of Illinois Hospital in Chicago for induction of labor on Aug. 11, 2009. This was done after test results were revealed during a prenatal visit.

On Aug. 12, 2009, a hospital intern and senior resident attempted vaginal delivery without success. Dr. Meredith Cruz was a maternal/fetal medicine fellow who took over at that time. Dr. Cruz had completed her OB/Gyn residency in June 2009 and had recently begun her maternal/fetal medicine program.

Dr. Cruz diagnosed that the fetus was experiencing shoulder dystocia. Shoulder dystocia is a specific situation arising in labor and delivery when the delivery of the baby’s head occurs, but the anterior shoulder of the baby cannot pass through the birth canal and requires the doctor’s or nurse midwife’s manipulation or maneuver to rotate the baby. In other words, a shoulder dystocia is diagnosed when the baby’s shoulders do not deliver right after the baby’s head is delivered. The baby gets stuck in the birth canal as a result, which can clearly be a very serious dilemma.
Continue reading

by

During the delivery of the newborn in this case, the fetal monitor of the fetus indicated non-reassuring signs over the course of several hours, including heart rate abnormalities. In this summary of the case, the baby is Baby Doe. This was a confidential settlement in which the parties were identified as Doe, being the mother of the newborn, Baby Doe and Roe, being the physician, the obstetrician and hospital that were sued.

The mother of Baby Doe experienced uterine tachysystole. Uterine tachysystole is defined as six contractions in a ten-minute period.There have been many studies as to whether more than six contractions over a ten-minute period within the first four hours of labor induction is associated with adverse infant outcomes. However, six more contractions in ten minutes were significantly associated with fetal heart rate decelerations.

A nurse at the Roe hospital notified the treating obstetrician who allegedly reviewed the monitor strips but did not re-examine Baby Doe’s mother.Baby Doe was born in a depressed condition with Apgar scores of 3 at one minute and 6 at five minutes.
Continue reading

by

Kimberly Williams went into labor at 20 weeks’ gestation. Full-term gestation is generally 39 weeks. She was admitted to Sinai Grace Hospital where she delivered a stillborn boy at the facility’s labor and delivery unit.

Later, Williams requested a repeat ultrasound. The treating obstetrician, Dr. Charlene Williams, declined to order the test and instead gave Cytotec to deliver the placenta.

The use of Cytotec is used to reduce the risk of stomach ulcers caused by nonsteroidal anti-inflammatory drugs for pregnant women. Significantly, Cytotec may cause abortion, premature birth or birth defects if taken during a pregnancy.
Continue reading

by

Baby Doe, 6 months, had an appointment with a physician at the Roe Family Physician office where the baby’s parents were concerned over asymmetrical folds in the baby’s right thigh and buttocks. The family practice physician misdiagnosed Baby Doe and said that all was well.

Six months later, another physician, a specialist, examined Baby Doe who had by then begun walking with a limp. The child was diagnosed as having a right hip dysplasia, which required hip surgery, including a femoral shortening.

The Doe family, on behalf of the child, sued Dr. Roe and her medical practice alleging that she chose not to diagnose a congenital hip problem. The defendants asserted that the baby’s problem was developmental, not congenital and was therefore not diagnosable at an earlier stage.
Continue reading

by

The United States will pay $5 million in a settlement to resolve a medical malpractice lawsuit alleging that physicians at a Florida naval hospital chose not to order a cesarean section despite signs and symptoms of fetal distress. As it turned out, the fetal distress caused the baby’s permanent brain damage.

Jenifer and Sean Mochocki, a U.S. Air Force officer, reached a settlement with the federal government in this Federal Tort Claims Act case and asked the federal district court judge to approve the settlement and the medical malpractice lawsuit. The suit alleged that three Naval Hospital Jacksonville physicians chose not to order a cesarean section procedure in the face of adverse fetal heart tracing, which resulted in the Mochocki baby’s hypoxic ischemic encephalopathy (HIE), which is a permanent brain injury related to oxygen deprivation.

The settlement is partially structured in that the Mochocki family will receive $1,590,000 and approximately $3 million will be used to purchase an annuity that will allow for monthly payments of approximately $7,600 for the baby’s life. An additional payment of $4,500 will be made per month when the child reaches the age of 18 until the end of life.
Continue reading

by

Rebecca Kerrins, the mother of now 5-year-old Drew Kerrins, sued Palos Community Hospital, Dr. Thomas Myers and Renaissance Medical Group alleging that Dr. Myers chose not to make himself available to take care of Drew’s emergency soon after the baby was delivered.

After a bench trial, a Cook County judge entered a judgment for more than $23 million to the family of Drew Kerrins because of the delay in providing a blood transfusion, which led to the child’s development of cerebral palsy and other cognitive injuries.

Rebecca Kerrins was admitted to Palos Community Hospital to deliver her baby in June 2011. Unfortunately, her placenta separated from her uterine wall at the time of delivery, which caused the baby to lose as much as half of her blood by the time she was delivered.
Continue reading

by

Baby Doe, two months old, underwent an MRI after being taken to a hospital by ambulance. The attending anesthesiologist, Dr. Roe, ordered Propofol to prevent Baby Doe from moving excessively during the test.

While undergoing the MRI, Baby Doe’s oxygen saturation level dropped below 90. The baby suffered respiratory arrest resulting in cardiac arrest. Baby Doe experienced hypoxic-ischemic brain damage. Baby Doe — now 9 years old — is unable to take care of himself or speak.

Following this tragic brain injury, the Doe family sued Dr. Roe and his practice alleging that the anesthesiologist chose not to properly monitor Baby Doe during the MRI. The lawsuit also claimed that an attending technician failed to notify Dr. Roe when he noticed Baby Doe’s decreased oxygen saturation. The court had dismissed the radiology technician as a party defendant on that defendant’s motion. The Doe family is appealing that ruling. Continue reading