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Chicago Medical Malpractice Attorney Blog

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U.S. Supreme Court to Hear Appeal of $21 Million Ruling; Generic Drug Companies on Trial

The U.S. Supreme Court is scheduled to hear arguments soon on whether a generic drug maker can be held responsible for a patient’s injuries. The case is considered very important for pharmaceutical companies, federal regulators and patients who take generic drugs. Some experts estimate that generics make up 80 percent…

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1.2 Million For Medical Battery in Removal of Both Ovaries; Fief v. Woman’s Health Institute, Ltd.

A 36-year-old nurse was seen by the defendant obstetrician Larry Overcash, M.D. The physician was alleged to be negligent in performing a bilateral removal of both of Ms. Fief’s ovaries. She had consented to removal of only one ovary. However, at the Peoria Day Surgery Center, both of the Fief’s…

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Medical Malpractice Claim Survives Res Judicata Assertion; Wilson v. Edward Hospital

The Illinois Supreme Court has decided an appeal as to whether or not res judicata in a refiled medical-malpractice complaint barred its refiling. In the underlying case, Brandon and Daphne Wilson claimed that Edward Hospital in Naperville, Ill., was liable for the negligence of doctors under the theory of actual…

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Medical Studies Act is Not Available Where No Peer Review Committee Meeting Was Held; Tunca v. Painter

In June 2006, Josh Tunca was a surgeon at Northwest Community Hospital specializing in gynecologic oncology. While in surgery, Dr. Tunca removed an ovarian tumor. Later, the patient lost the pulse in her left leg due to a clog in her femoral artery. Dr. Thomas Painter, a vascular surgeon, was…

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$1.15 Million Jury Verdict for Patient with Chest Pain Leading to Fatal Heart Attack; Herring v. Blake

William Herring, 59, had a history of severe coronary artery disease. Complaining of chest pain, Herring was seen by his internist, Wayne Blake, M.D. Herring said his chest pain was relieved by belching. At the doctor’s office, an electrocardiogram was done, which showed that Herring had normal rhythms. Dr. Blake…

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$20 Million Paid by Cook County to Family of Boy Who Suffered Brain Damage; Payment will Ensure Lifelong Care

Cook County commissioners voted Feb. 5, 2013, to pay $24 million in hospital malpractice settlements. Of that total, $20 million will be paid to the family of a boy who suffered brain damage after a heart attack following surgery at a Chicago hospital. A lawsuit was filed against Stroger Hospital…

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Illinois Supreme Court Decides Arbitration Rights in Nursing Home Death Case; Carter v. SSC Odin Operating Co.

Sue Carter brought Joyce Gott to the Odin Nursing Home in 2005. Carter signed an arbitration agreement as Gott’s “legal representative.” Gott also signed an arbitration agreement with Odin after she was admitted to the nursing home facility. Carter’s lawsuit filed against Odin claimed that the nursing home’s negligence caused…

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LASIK Surgery Mishap Leads to Jury Verdict of $362,274; Spevak v. Doctors for Visual Freedom

Tracy Spevak had undergone a LASIK surgery on her right eye once before. However, in January 2007, the defendant ophthalmologist did a LASIK surgery to attempt to enhance vision in Tracy’s right eye. During the surgery, Dr. Mark Golden, the defendant ophthalmologist, chose to re-cut the original LASIK flap, causing…

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Illinois Appellate Court Rejects Emergency Room Doctor’s Claim That He is Immune under the Good Samaritan Act

The Illinois Good Samaritan Act (745 ILCS 49/25 (West 2010)) states that a medical professional who, in good faith, “provides emergency care without fee to a person” should be immune from civil damages except in the case of willful or wanton misconduct. Immunity from suit was the position taken by…

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3.1 Million Jury Verdict for Death of Patient Following Heart Procedure; Estate of Teague v. Holy Cross Hospital

Lillie Teague, 74, underwent an angiogram, which is an x-ray exam that uses a dye and camera to look at the blood flow in an artery or vein. Many angiograms are used to examine the arteries near the heart, lungs, brain and the aorta. The procedure requires the use of…

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