$3.9 Million Settlement for Surgeon’s Negligence in Failure to Conduct Temporal Artery Biopsy

After undergoing a temporal artery biopsy on an outpatient basis by a general surgeon, Jacqueline Childs developed swelling and paralysis on the right side of her face. She was subsequently diagnosed as having facial nerve neuropathy.

Childs has undergone steroid injection treatments for her facial pain and will require monthly ketamine infusions for the remaining years of her life.

She was in her 50s at the time of the injury and has incurred more than $98,400 in past medical expenses.

Childs sued the Cleveland Clinic Foundation, alleging that its general surgeon negligently performed the biopsy in the wrong location, damaging a facial nerve.

She asserted that although the procedure lasted 45 minutes, the surgeon prolonged the procedure for two hours while searching for the temporal artery, increasing the risk of injury to the facial nerve. The lawsuit did not claim lost income. The Cleveland Clinic Foundation argued that the surgeon had made the incision in a reasonable location; the foundation denied liability.

Before trial, the parties agreed on a settlement for more than $3.9 million.

The Childs’s attorneys presented experts in economics, pain, physical medicine and vascular surgery.

Cleveland Clinic retained experts in pain management and general surgery.

The attorneys successfully handling this case for Childs were Nicholas A. DiCello and Kevin C. Hulick.

Childs v. Cleveland Clinic Foundation, No. CV-17-890086 (Ohio Ct. Com. Pl. Cuyahoga County).

Kreisman Law Offices has been handling surgery negligence lawsuits, hospital negligence cases, medical negligence lawsuits, birth trauma injury cases and nursing negligence lawsuits 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 Berkeley, Hillside, Oakbrook Terrace, Villa Park, Western Springs, Downers Grove, Stickney, Oak Lawn, Oak Park, Schiller Park, Schaumburg, Morton Grove, Mount Prospect, Hoffman Estates, Long Grove, Arlington Heights, Northfield, Glenview, Libertyville, Mundelein, Hawthorne Woods, Glencoe, Chicago (North Park, Lakeview, Bucktown, Ukrainian Village, Wrigleyville, Greek Town, Old Town, McKinley Park, Back of the Yards, Kenwood, Bronzeville, Hyde Park, South Chicago, Washington Heights, Beverly, Roscoe Village), Burbank, Hillside, Aurora, Lombard and Justice, Ill.

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