$1 Million Settlement in Death to Patient in Failure to Refill Prescription Medicine

Kimberly Suchomel, 28, suffered from a seizure disorder. When she ran out of her seizure medicine, she called the office of her treating neurologist, Dr. Eduardo Gallegos.

She asked for a refill of the medicine but was told by a receptionist that the doctor’s office said she would have to be seen by the doctor in order to receive a refill. An appointment was scheduled for the next available time, which was two months later.

Before this appointment, the doctor’s office told Suchomel that Dr. Gallegos would not see her and that she would not receive her refill until she paid the outstanding balance due to his office.

As she was unable to pay the amount owed, she chose not to appear for the appointment. She suffered an acute seizure and died several days later. She was survived by her minor daughter and her husband.

Her family and estate sued Dr. Gallegos’s practice alleging liability for the negligence of its staff in choosing not to provide an emergency refill and preventing her from seeing Dr. Gallegos until she paid her outstanding balance.

Before trial, the case settled for $1 million.

The attorneys successfully handling this tragic case for the Suchomel family were Craig S. Walkon, Bradley J. Walkon and Andrew H. Walkon.

Suchomel v. High Desert Diagnostic Medical Group, No. CIVDS-18-33240 (Cal. Super. Ct. San Bernardino County, July 2019).

Kreisman Law Offices has been handling medical malpractice lawsuits, physician negligence cases, wrongful death lawsuits and hospital negligence cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Flossmoor, Olympia Fields, Orland Park, South Holland, Blue Island, Homewood, Highland Park, Glenview, Northfield, Northbrook, Wheeling, Chicago (Lincoln Square, Lakeview, West Town, Old Town, Wrigleyville, Hyde Park, Bronzeville, South Shore, River North, Rogers Park, Albany Park), Arlington Heights, Schaumburg, Bensenville, Joliet, Waukegan, Aurora, Wheaton and Hinsdale, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.