Paulette Elher filed a medical malpractice lawsuit against Dr. Dwijen Misra Jr. M.D., seeking damages alleging that Dr. Misra accidentally clipped her common bile duct while performing a laparoscopic cholecystectomy. Elher wanted to have the court admit expert testimony where it would be stated that clipping a patient’s common bile…
Kent Higgins inhaled chlorine gas at the Holiday World Amusement Park when the ride he was on malfunctioned. Higgins suffered chronic asthma and reactive airways dysfunction syndrome, or RADS, as a result of the alleged negligence of the defendant, Koch Development, the owner of Holiday World Amusement Park. Higgins, the…
In a strange but interesting medical malpractice case, the jury entered a verdict in favor of the plaintiff without awarding a single dollar for plaintiff’s noneconomic damages. In April 2013, after a three-day jury trial, the jury found in this medical negligence lawsuit that the defendant physician Dr. Sublette was…
Three years after the death of Kathryn Moon, the plaintiff, Randall Moon, who served as executor of his mother’s estate, filed a wrongful death and survival action lawsuit against the defendants, Dr. Clarissa Rhode and Central Illinois Radiological Associates Ltd. The defendants filed a motion to dismiss the plaintiff’s complaint…
The Illinois Appellate Court ruled that the emergency-room resident physician, Dr. Nicholas Strane, was immune from suit under the Illinois Emergency Medical Services System Act. This case arises out of transporting an 11-year-old boy, Donail Weems, who had a severe asthma attack and was taken to Provident Hospital, which is…
In Illinois, legislation has been passed three times to limit recoveries in medical negligence claims. Each time the Illinois Supreme Court has overturned such restrictions on the ground that they are unconstitutional. Missouri is going through the same exercise once again. About ten years ago, Missouri last limited some civil…
On June 13, 2005, Raymond Jackson, then 50, was admitted to. Provena St. Joseph Medical Center in Joliet, Ill., for intractable back pain. He had a pre-existing condition of spine problems and was suffering from an unstable fracture of the T-12 vertebrae, which was not timely diagnosed and treated and caused…
The Illinois Appellate Court has affirmed a decision of a Cook County circuit court judge dismissing a legal malpractice case because of the running of the statute of limitations barred the plaintiff from filing suit. On Feb. 4, 2005, Rose Anne Godbold underwent a positron emission tomography scan in a…
A jury deliberated 12 hours over two days before it was deadlocked, unable to reach a verdict by unanimous consent. The jury was deadlocked 8-4 or 7-5 in favor of the defendant Dr. Ian J. Goldberg. This case arose out of an April 25, 2009 event, when Michael Knorps experienced…
A Cook County jury was deadlocked after four days of deliberation in a case in which the plaintiff claimed she underwent an unnecessary coronary bypass surgery. Maryann Giannetti was 52 years old when she underwent a stress test at St. Joseph Hospital in Chicago. She claimed she was suffering “vague”…