Under the Illinois Code of Civil Procedure Section 2-1009, an Illinois plaintiff is allowed to voluntarily dismiss all or part of a claim without prejudice before a trial or a hearing begins. The statute allows this process upon payment of costs. Related to Section 2-1009 is Illinois Supreme Court Rule…
Chicago Medical Malpractice Attorney Blog
State Appellate Court Finds That Orthopedic Resident Not Liable For Patient Injured During Knee Replacement Surgery
The New York State Appellate Court has ruled that an orthopedic resident was not liable to a patient injured during a knee replacement surgery. In this case, Carol Blendowski underwent a knee replacement surgery that was performed by Dr. Michael Wiese and Dr. Marc O’Donnell, who was a third-year orthopedic…
Illinois Appellate Court Reduces Jury Verdict from $22.1 Million to $7.1 Million After Plaintiff Dies the Night Before Jury’s Verdict
A medical malpractice lawsuit arising from the death of Jeannette Turner first resulted in a jury verdict of $22.1 million in this medical malpractice, wrongful death lawsuit. Sadly, Turner died the night before the jury’s verdict. According to the report of this Illinois Appellate Court case, her death transformed her…
$267,500 Jury Verdict for Negligent Laparoscopy
Leslie Pederson, 40, underwent a laparoscopic ovarian cystectomy that was done by a gynecologist affiliated with Buffalo Clinic, P.A. During this procedure, the doctor reinserted the trocar without using a camera for direct visualization. As a result, Pederson suffered a 5-mm laceration to her right common iliac artery that required…
Illinois Appellate Court Finds That Illinois Pattern Jury Instruction on Bad Faith Claims Does Not Accurately Express the Current State of Illinois Law
A medical malpractice lawsuit was filed in which the physician’s insurer, Illinois State Medical Inter-Insurance Exchange (ISMIE), refused to pay its $3 million policy limit to settle the case, which was brought by Alizabeth and Alvin Hana. The suit was filed against Drs. Albert and Joyce Chams and Chams Women’s…
$6.71 Million Jury Verdict for the Death of a Fifteen-Year-Old From Negligence in Handling Pulmonary Emboli
Nicole Incrocci was just 15 when she was bitten by a poisonous snake on her lower left leg. Her leg continued to swell over the next month. When she developed right flank pain, coughing and vomiting, she went to a hospital emergency room where a doctor diagnosed pneumonia, prescribed an…
Illinois Appellate Court Interprets Rules on Naming New Experts in Refiled Medical Malpractice Case
In this case of medical malpractice, the trial court refused to allow the plaintiff to name a pediatric oncologist as one of her expert witnesses. The plaintiff, Kelli Boehle, used what is called a “strategic voluntary dismissal” in order to name a new additional expert. Right after refiling the case…
Illinois Appellate Court Affirms $7.88 Million General Verdict in Medical Negligence/Wrongful Death Lawsuit
On Oct. 5, 2012, the defendant in this case, Dr. Yasser Alhaj-Hussein, completed a celiac plexus block procedure designed to lessen or alleviate the pain that Kathy Arient was experiencing in her abdominal area. The procedure was done at Orland Park Medical Center and involved alcohol inserted into the spine…
$15 Million Jury Verdict for Brain Damage Caused by the Negligent Administration of Clotting Agent
Esmeralda Tripp, 42, suffered from atrial fibrillation (AFib) and was on Coumadin to manage her condition. While on this medicine, she experienced 17 instances of high INR (International Normalized Ratio). INR is a standardized number that is calculated in a laboratory. If a patient takes blood thinners, the INR is…
$1.6 Million Settlement Reached After Mediation for Wrongful Death of Patient Caused by Overuse of Lovenox
In the confidential reporting of this case, Mr. Doe, 58, developed shortness of breath. He was admitted to a local hospital where he underwent various tests to rule out pulmonary embolism. The hospital staff interpreted a pulmonary angiogram suspicious for, but not diagnostic of, an embolism. Mr. Doe was prescribed…