Ms. Doe, age 43, was hospitalized and treated for sepsis after she underwent laparoscopic surgery. Shortly after her release from the hospital, Ms. Doe experienced severe shortness of breath, tachycardia and lower back pain. Ms. Doe met twice with Dr. Roe, an infectious disease specialist, who ordered a chest X-ray,…
Chicago Medical Malpractice Attorney Blog
Illinois Appellate Court Finds That Physician and Pharmacy Have No Duty to Warn of Medical Risks Associated With Long-Term Use of Reglan
The plaintiff, Stephan Urbaniak,was prescribed and took a drug called Reglan for six years. He developed severe movement disorders. The prescribing physician, Dr. John Ross, admits that he was unaware of the risk of developing these movement disorders from long-term use of this prescription drug. By operation of the “learned…
Illinois Appellate Court Affirms Jury Verdict Ruling that Defendant Doctor’s Closing Argument Comments Did Not Cause Substantial Prejudice
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…
Illinois Appellate Court Reverses Decision that Party Can Change a Testifying Expert to a Non-testimonial Expert
In August 2013, Alexis Dameron underwent surgery at Mercy Hospital and Medical Center where she claimed to have sustained injuries due to medical negligence. She filed a medical malpractice case against Mercy and various employees at the hospital on Nov. 6, 2014. During discovery, she disclosed that Dr. David Preston…
Illinois Supreme Court Dismisses Interlocutory Appeal Regarding Claim of Unconstitutional State Law
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…
U.S. Court of Appeals Affirms $15 Million Jury Verdict for Misdiagnosis of Cancer by Radiologist
This case arises out of a medical malpractice lawsuit alleged to have been prompted by the negligence of a radiologist. Courtney Webster had a CT scan performed at CDI Indiana LLC‘s diagnostic imaging facility. The radiologist, an independent contractor hired by Medical Scanning Consultants, missed identifying and diagnosing the cancer,…
U.S. Court of Appeals Reverses Summary Judgment in Conflict Over Medical-Malpractice Insurance
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…
$135 Million Jury Verdict for Failure to Diagnose, Treat Postoperative Problem: Permanent Quadriplegia
Faith DeGrand was just 10 when she was diagnosed with congenital scoliosis. To try to prevent the condition from worsening, Faith underwent surgery by a pediatric orthopedist, Dr. Eric Jones. In this surgery, Dr. Jones inserted hardware in Faith’s thoracic spine. After this surgery, Faith experienced incontinence, numbness in her…
$2 Million Settlement for Failure to Transfer Urgent Care Patient to Hospital
Ms. Doe, 47 years old, suffered from multiple sclerosis and used a walker. After visiting an urgent care clinic, she became tired and tried to sit down on her walker. The walker flipped over and Ms. Doe hit her head on the pavement. A physician’s assistant at the clinic palpated…
U.S. Federal District Court Rules That Insurer is Estopped from Cutting Policy Limit
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…