Articles Posted in Wrongful Death

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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 2011. 

During the trial, the family of Christian offered its expert witness, Dr. Finley Brown, to testify as a medical expert in family practice.

The defendants were allowed by the trial judge to cross-examine Dr. Brown for the issue related to his annual earnings as an expert witness for an 8-year period. Plaintiff’s counsel had argued against the broad timeframe, but the trial judge denied plaintiff’s motion to limit the timeframe. Defense used this testimony to say the jury that Dr. Brown was a “go-to guy for expert opinions.”

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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 Gott to die from gastrointestinal bleeding, anemia and respiratory failure.

Count I of Carter’s complaint was brought for Gott’s personal-injury claim preserved by the Illinois Survival Act. Count II of the complaint was for Gott’s heirs under the Illinois Wrongful Death Act.

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A recent Will County jury verdict found Provena St. Joseph Medical Center in Joliet, Ill., and an internal medical doctor responsible for the death of a 43-year-old man. The children of J.E., the deceased, will receive $3.35 million after a jury returned a verdict of $4.5 million to the 43-year-old man’s four children.

J.E.’s children will receive $3.35 million because the family’s attorneys and defense counsel entered into a high/low agreement before the jury’s verdict. The high/low agreement is a way lawyers and clients protect a very high verdict or a very low verdict by agreeing in advance that the ceiling will be one amount and the floor another.

The attorney for J.E.’s children was William Cirignani, a partner of Cirignani Heller and Harman, who represented the estate.

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Since the middle of this decade, there have been repeated inquiries into the untimely deaths of nursing home residents caused by being trapped or strangled in bedrails. Bedrails are installed in many cases for those nursing home residents who are infirm, suffering from dementia or have a tendency to wander.
The evidence is abundant that the elderly are suffering grave injury and deaths at an alarming rate, mostly in nursing homes, assisted living facilities and at hospitals.

Both the Consumer Product Safety Commission (CPSC) and the Food and Drug Administration (FDA) have been involved over these years in investigating deaths related to bedrails. Unfortunately, little has been done to force manufacturers and companies who distribute these bedrails to change the way they are utilized.

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On June 12, 2006, 35-year-old Tracy Ariss underwent an echo-cardiogram stress test at LaGrange Memorial Hospital after a workup for carpal tunnel pain in her arms was found to be inconclusive. Less than 3 minutes into the stress test, Tracy suffered a myocardial infarction — a heart attack. She was immediately taken off the treadmill and treated with nitroglycerin, aspirin and other medicine.

The defendant Rod Serry, M.D., an interventional cardiologist, was called from the cath lab. Even though Tracy did not believe that she was pregnant, Dr. Serry ordered a pregnancy test. Tracy was about 2 ½ weeks pregnant. Her pregnancy complicated her medical treatment in that Dr. Serry did not know any other cardiologists who had performed a cardiac intervention on a pregnant woman after suffering a heart attack.
Dr. Serry called an obstetrician seeking help as to the proper course of treatment. The obstetrician told Dr. Serry that he should make medical choices for the mother as the primary concern. At the trial, Dr. Serry testified that the OB also stressed to him not to prescribe anticoagulants or other medicine long-term during pregnancy. However, this was not noted in the medical chart.

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Thirty-two-year-old Regina Ruff came to the emergency room at Advocate South Suburban Hospital in the morning on July 14, 2007 complaining of shortness of breath. Ruff had a history of congestive heart failure, hypertension, diabetes and non-compliance with the taking of some of her medicine.
At about 11:45 a.m., the emergency department doctor, defendant Sharon Smith, M.D., examined Ruff and ordered tests. That included lab, chest x-ray and EKG.

The chest x-ray that was done at 12:15 p.m. was interpreted by a radiologist at 12:30 p.m., suggesting bilateral pneumonia. Dr. Smith’s review of the chest x-ray films was indicative of both pneumonia and congestive heart failure. The lab results showed an elevated white blood count consistent with infection like pneumonia and elevated BNP (B-type Natriuretic Peptide), which is a substance secreted from ventricles or lower chambers of the heart that show pressure increases. These occur when a person has heart failure.

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In November 2003, the defendant R.A. was driving while intoxicated on Route 173 in Spring Grove, Ill. He apparently fell asleep, crossed the center line and crashed head-on into the car occupied by L.M., who was a passenger. L.M. was airlifted to Rockford Memorial Hospital where he remained in intensive care for two months. He suffered numerous injuries, including broken ribs, lung contusion, a lacerated spleen and a stroke after the splenectomy surgery to remove his damaged spleen.

While L.M., age 56, was in intensive care, he developed a large Stage IV bed sore on his lower back. The ulcer had to be debrided and a bilateral flap procedure was done to cover the skin opening.
L.M. was an unemployed truck driver. He died prior to the trial, although no wrongful death claim was brought. His wife claimed loss of consortium, which is the spouse’s right of action for the missing love and affection that comes with companionship and marriage.

At the time of the crash, L.M. and three friends were driving to a fishing trip. The driver of the vehicle was killed and all three passengers, including L.M., were seriously injured.

The defendant R.A., age 46, admitted negligence and pled guilty to felony DUI charges, including reckless homicide. He served 5 ½ months in jail and 5 ½ years of probation. He had been drinking at an off-track betting facility operated by defendant Quad City Downs. The family of L.M. filed a lawsuit under the Illinois Dramshop Act against Quad City Downs and a separate medical malpractice claim against Rockford Memorial Hospital, alleging that it was negligent in not taking proper take care of L.M.’s bed sore.

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In January 2007, J.F. underwent a splenectomy, which is the removal of the spleen, at the University of Illinois Medical Center at Chicago. J.F. had a condition known as idiopathic thrombocytopenic purpura (ITP), which is a blood disorder managed by steroid use. Reportedly more than two-thirds of the ITP patients who undergo a splenectomy achieve satisfactory remission to the blood disorder.

In this case, the attending surgeon opted to use the daVinci Robotic Surgical System, a minimally invasive surgical procedure, rather than a standard method of removing a spleen. Dr. Galvani, one of the co-surgeons, was assisted by a surgical fellow and a surgical resident. During the surgery, there was an incidental finding of severe liver cirrhosis, a disease of the liver.

Following the surgery, 49-year-old J.F. began showing signs of infection. The family alleged in their lawsuit that the surgeons punctured the duodenum during the surgical procedure. Six days later, Dr. Salti performed an exploratory laparotomy and discovered 1.5 liters of infectious pus inside the abdomen of J.F. But there was no detection of the hole.

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In 2007, Y.H., an 11-year-old child, was admitted to the University of Illinois Medical Center in Chicago. He was vomiting and had a history of propionic acidemia, an inborn metabolic disorder that causes acids to accumulate in the body and can lead to brain damage and heart problems.

Children with propionic acidemia may not survive to adulthood, but survival is varied. Y.H. was managed since infancy by a pediatric geneticist and was doing well as a fifth grader.

The defendant, 28-year-old Dr. Jain, was a third-year resident in pediatrics at the University of Illinois Medical Center when she first saw Y.H. She did a history, physically examined him and consulted with another pediatric geneticist to work out a plan of care.

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A Cook County jury has found in favor of internist Dr. Sanjeev Joshi in a claim for an undiagnosed pulmonary embolism resulting in the death of K.R. K.R. presented to her internist, Dr. Joshi, at his Suburban Heights Medical Center office in Chicago Heights, Ill., on March 3, 2003. Her principal complaints consisted of an extended period of shortness of breath, dizziness and vaginal bleeding.

Dr. Joshi ordered a blood draw in his office, which revealed a severely low hemoglobin level at 7.6. Because of the blood level, K.R. was admitted to St. James Hospital in Chicago Heights for testing, observation and blood transfusions. During the 23-hour hospitalization, K.R. was evaluated by an obstetrician/gynecologist who ordered Depo-Provera in an attempt to stop her vaginal bleeding.

K.R.’s condition improved after receiving blood transfusions, but she died of a massive saddle pulmonary embolism four days later.

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