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Articles Posted in Trial Procedure

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Illinois Appellate Court Reverses Dismissal of Medical Negligence Case Based on Expert’s Testimony

A medical malpractice lawsuit was filed by Daniel R. Hemminger, who sued the defendants Jeffrey LeMay, M.D. and Sterling Rock Falls Clinic Ltd. for damages related to the death of his wife, Tina.  The lawsuit alleged that the defendants, in choosing not to correctly diagnose and treat Tina’s cervical cancer…

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Illinois Appellate Court Reverses Medical Malpractice Jury Verdict Because Trial Exhibit Went Beyond the Fairness Limit

The plaintiff in this case, Lee Ann Sharbono, filed a lawsuit claiming medical negligence against the defendant Dr. Mark Hilborn, a board-certified radiologist. In the lawsuit it was alleged that Dr. Hilborn had chosen not to timely diagnose Sharbono’s breast cancer.  After the trial, the jury found for Dr. Hilborn…

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25,000 Transvaginal Mesh (TVM) Cases are Pending in Multidistrict Litigation (MDL)

A recent count showed that more than 25,000 transvaginal mesh cases are pending in the Southern District of West Virginia.  These cases involve the vaginal mesh manufacturers C.R. Bard, Inc., American Medical Systems, Inc., Boston Scientific Corp., Ethicon, Inc., Coloplast Corp. and Cook Medical, Inc. There are several thousand more…

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Illinois Appellate Court Reverses Medical Malpractice Order Under Reimbursement Provision

The Illinois Appellate Court reversed a trial judge’s ruling in a medical malpractice case because the judge ruled that the defendants had no right of reduction on the jury’s verdict.   In this case, Charles Perkey, as administrator of the estate of Leanne Perkey (his wife), sued the doctors and…

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Illinois Appellate Court Reverses Medical Malpractice Defense Verdict for Erroneous Rulings Regarding the Scope of Cross-Examination

  The Illinois Appellate Court for the Fourth District reversed a jury’s verdict for defendants, which included OSF Healthcare System, in the Circuit Court of McLean County.  The case centered around an injury and subsequent death of a 3-year-old boy, Christian Rivera, in 2003. The jury trial was held in July…

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