The Illinois Appellate Court has ruled that Judith Simpkins’s amended complaint against St. Elizabeth’s Hospital was not timed-barred. The Illinois Appellate Court denounced discovery that includes the series of “routine practices” including boilerplate objections and “dump truck disclosures” as amounting to a “misuse of the discovery process” that “should not…
Articles Posted in Medical Malpractice
Illinois Appellate Court Affirms $7.9 Million Medical Malpractice Lawsuit Where a Jury Returns a General Verdict
The Illinois Appellate Court affirmed a jury’s $7.9 million general verdict against a physician, Dr. Yasser Alhaj-Hussein, who did a celiac plexus block procedure on one of his patients, Kathy Arient. The procedure was performed at Orland Park Surgical Center. After the procedure, Arient experienced numbness in her legs and…
Illinois Supreme Court Affirms Appellate Court Allowing Added Count to Complaint
In October 2016, we reported about this important case on the Illinois law on relation-back and how it applies in a medical malpractice lawsuit. In the underlying case of Sheri Lawler, as administrator who sued on behalf of Jill Prusak, the University of Chicago Medical Center and Advocate Christ Hospital…
Federal District Court Rules that Injured Plaintiffs Treating Physician Was Not a Retained Expert and Did Not Have to Comply With Rule 26(a)(2)
During the discovery process in the case of Toni M. Morrison’s personal-injury lawsuit against Walmart, the company argued that she had to provide a written report from her treating physician, Dr. Daniel Mulconrey, under Federal Rule of Civil Procedure 26(a)(2)(B). The court stated that the report was required because Morrison…
Illinois Appellate Court Affirms Medical Malpractice-Wrongful Death Verdict for Hospital
The Illinois Appellate Court for the 2nd District issued a Supreme Court Rule 23 Order in July 2017 that affirmed the jury’s finding in favor of Advocate Condell Medical Center in a medical malpractice death case. The court delivered its opinion on Oct. 4, 2017. In this case, the appeals…
$543,000 Jury Verdict in Medical Malpractice Case In Which Patient Suffered Complications After Weight Loss Surgery
James P. McKillip underwent a sleeve gastrectomy for weight reduction at a hospital in Rock Island, Ill. This took place in January 2012 by the defendant general surgeon, Dr. James Schrier. McKillip was 46 years old at the time. According to the report of this jury trial, McKillip’s expert testified…
$10 Million Jury Verdict for Misdiagnosis of Abscess
Michael Shimko was 17 years old when he went to the Geisinger-Kistler Clinic for treatment of what he thought was a hemorrhoid. A second-year resident, Dr. Christian Basque, diagnosed a hemorrhoid without examining Shimko. Dr. Basque prescribed a rectal suppository. Eight months later, Shimko’s mother contacted Dr. Stephen Evans, Shimko’s…
$1.3 Million Settlement for Late Diagnosis of Breast Cancer
Ms. Doe, age 37, developed shortness of breath eight days after giving birth. A CT angiogram to rule out a pulmonary embolism revealed an enlarged right-sided axillary lymph node. Despite this finding, Ms. Doe’s healthcare providers ordered no further follow up. Over a year later, Ms. Doe discovered a lump…
$3.92 Million Jury Verdict Entered for Medical Malpractice Death Caused by Failure to Diagnose Coronary Artery Disease
Michael Mills was 28 and had a history of smoking and borderline hypertension. He experienced chest pain for a year. He had seen a cardiologist, Dr. Hassan Kassamali, who ordered an echocardiogram, which was shown to be normal. Mills had two additional appointments with Dr. Kassamali for his continued symptoms…
$1.012 Million Cook County Jury Verdict for Patient’s Bowel Puncture in Medical Malpractice Case
Ezekiel Flores, 89, was admitted to MacNeal Hospital in Berwyn, Ill., in January 2013 for complaints of leg pain. While he was there, an abdominal CT scan came back with abnormal results, which led the doctors to suspect possible colon cancer over diverticulitis. The defendant gastroenterologist, Dr. Manuel Alva, did…