The Illinois Supreme Court unanimously ruled res judicata did not bar Gerald Ward from refiling his voluntarily dismissed lawsuit against Decatur Memorial Hospital. Although the decision of the Supreme Court was unanimous, it was split on the rationale. Ward was refiling a medical-malpractice lawsuit against Decatur Memorial Hospital for negligence…
Six days after undergoing hip replacement surgery and rehabilitation, Alice Underwood, 82, was admitted to Victor Valley Global Medical Center for treatment of a urinary tract infection and dehydration. She suffered a surgical site infection while she was hospitalized, which caused her incision to separate. Underwood underwent surgery to remove…
LaQuinta Murray experienced severe pain in her lower extremities. She was just 29 years old at the time. She was admitted to Centennial Hills Hospital Medical Center with a diagnosis of sickle cell crisis, chronic anemia and strep throat. Dr. Mandip Arora ordered both opioid and non-opioid analgesics, as well…
Vincent Minor was 28 years old when he underwent gastric bypass surgery. He developed an obstruction, which caused his stomach contents to back up above his lap band. During the surgery to remove the lap band, he began vomiting and aspirated vomit. He later developed pneumonitis and acute respiratory distress…
The Illinois Supreme Court was asked to determine whether this special interrogatory given to the jury in this lawsuit was in proper form and whether the jury’s answer to the special interrogatory was inconsistent with its general verdict in the plaintiff’s favor. The Circuit Court of Winnebago County held that…
After Ernestine Wilson’s 23-year-old son Brian Curry died from a saddle pulmonary embolism (a blood clot that blocked the large pulmonary artery straddling his lungs), she sued emergency room physician Dr. Eric Moon and Chicago’s St. Bernard Hospital. She claimed that the doctor was negligent in choosing not to diagnose…
This interlocutory appeal to the Illinois Supreme Court was dismissed. A supervisory order was entered remanding the case back to the trial court. The plaintiff in this case filed a wrongful death and survival action lawsuit alleging medical malpractice of the defendant Union Health Service. The defendant alleged immunity under…
The United States Court of Appeals for the Seventh Circuit of Chicago held that a prior acts exclusion under an insurance policy issued by a professional liability insurer to a medical-practice insurer excluded coverage. The exclusion was ruled legal only if the medical-malpractice insurer committed an actual wrongful act, not…
In the wrongful death case for Lee Lindemann, filed on behalf of the Estate of Sue Ann Lindemann, the U.S. District Court ruled that estoppel blocked National Fire & Marine Insurance Co. from invoking a “declining balance” provision in its insurance policy. The insurance company asked for a reduction from…
Dawn Kali was 36 when she was diagnosed with Stage I breast cancer. She was being treated by Robert Young at pH Miracle Living, an inpatient treatment center. Kali flew to San Diego, where she paid more than $2,000 per night at the pH Miracle Living ranch. She also paid…