Articles Posted in Wrongful Death

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Matthew Gulino, the husband of the plaintiff, Joanne Gulino, visited his primary care physician in October 2009 complaining of nausea, fatigue, shortness of breath, chills and lightheadedness. The doctor diagnosed him with anxiety and prescribed Xanax after several tests showed the symptoms were not heart related.

Gulino returned to his doctor’s office two days later because the anti-anxiety medication wasn’t relieving his symptoms. Without doing any other tests, the doctor suggested that he see a psychiatrist.

The next day, Gulino visited the emergency room at Palos Community Hospital in Palos Heights, Ill., for the same symptoms. Based on Gulino’s reported symptoms and his previous anxiety diagnosis, the emergency room physician concluded that he was experiencing an acute anxiety reaction and prescribed strong anti-anxiety medication.

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Mr. Doe, 60, underwent an endoscopic retrograde cholangiopancreatogram at a local hospital. Endoscopic retrograde cholangiopancreatogram (ERCM) is a procedure that allows medical providers to examine and better analyze bile ducts. The procedure is done with an endoscope. Bile ducts are those tubes that carry bile from the liver to the gallbladder and then to the small intestine. The procedure was done to diagnose and treat problems with the pancreatic ductal systems.

During this procedure, complications arose and Mr. Doe passed away. He had been a corporate executive earning $143,000 annually and is survived by his minor son, who filed a lawsuit against the certified registered nurse anesthetist who attended the procedure. He alleged negligent management of Mr. Doe’s anesthesia, including choosing not to insert a Glidescope when complications developed. A Glidescope is a means in which to provide a patient with a video of clear airway views to allow for a quick ET tube placement in case of a problem. The use of a Glidescope would have been important in allowing for an immediate and urgent way of placing an ET tube to save Mr. Doe’s life.

The parties reached a confidential settlement.

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Wayne Reynolds, 64, who had a history of smoking and high cholesterol, experienced rapid heartbeat and other problems over the course of several years. He consulted a cardiologist, Dr. Norma Khoury, who ordered an EKG.

The EKG showed an ST segment depression, prompting Dr. Khoury to order a stress test and a follow-up evaluation.

The heart center that was to administer the test informed Reynolds that it would have to be rescheduled due to staffing issues.

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Edward Belowyianis, 14, suffered from scoliosis. Scoliosis is often referred to as curvature of the spine. The curve of the spine could be sideways and most often occurs during growth spurts in young people just before puberty. Scoliosis is not a disease, but is rather a medical term to describe the abnormal sideways curvature of the spine.

Because of this sideways curvature, pediatric orthopedic Dr. David Roye was the physician who performed surgery on Edward at New York’s Presbyterian Hospital.

As a result of the surgery, Edward suffered paraplegia, which is paralysis of the lower limbs of the body. Edward died of complications eight years later. He is survived by his parents.

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In this confidential settlement, a 13-year-old girl was sent to the hospital after she was involved in an automobile accident. She underwent an abdominal CT scan with contrast, which revealed a lacerated spleen with free fluid. The girl was referred to as “Doe” in this case for the purpose of maintaining confidentiality. Doe was transferred to a local hospital. An emergency room physician there reviewed the CT images with the radiologist. A pediatric surgeon also saw the scans.

Doe’s vital signs continued to worsen, and she complained of abdominal pain. A nurse notified the on-call resident of the worsening condition. This doctor diagnosed fluid shifting and ordered IV fluid and morphine.

The next morning a trauma surgeon ordered emergency surgery. Doe suffered a heart attack and required resuscitation before the procedure, which revealed a necrotic bowel resulting from the seatbelt injury in the automobile crash. Doe was then transferred to the ICU where she suffered a heart attack and died. The cause of death was determined to be septic shock resulting from seatbelt-related intra-abdominal injuries. Continue reading

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Lauren Readler, 2, was taken to the emergency room because she was vomiting and had severe stomach pain. She had not had a bowel movement for two days.

Lauren was given Zofran. Her parents were told to follow up with her pediatrician. Lauren’s symptoms persisted. She was returned to the emergency room at the same hospital. Lauren then underwent an X-ray and was diagnosed as having a gastrointestinal problem.

The emergency department physicians recommended that Lauren be transferred to a different hospital.

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This confidential settlement took place because of the death of a 62- year-old man who had a long history of smoking. He was also obese. The patient, who we will call Mr. Doe, suffered lethargy, a fever and general weakness, and he also had sharp chest pain for two days. He went to a hospital emergency room. It was there that he underwent testing that included an EKG. The report on the EKG was normal.

Mr. Doe was diagnosed as having a virus, and he was discharged with instructions to follow up with his primary care physician.

Three days later, he suffered tachycardia, which is shortness of breath and chest burning. Mr. Doe was taken to the hospital where an EKG showed evidence of myocardial infarction, a heart attack. Before he could be transferred to a different hospital, he died. He was survived by his wife.

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Paul Bartholomew, 73, had a history of prostate cancer and placement of an inferior vena cava (IVC) filter to protect him from blood clots. Ten years after receiving the IVC filter, he reported he had blood in his urine. When he saw his family physician, Dr. Ina Itzkovitz, she prescribed an antibiotic and ordered testing to rule out cancer.

Bartholomew returned to Dr. Itzkovitz complaining of the new onset of low back pain, bilateral leg stiffness, fatigue and low blood pressure. Dr. Itzkovitz ordered an X-ray, diagnosed arthritis and prescribed pain medication.

Just two days later, he died. The cause of death was determined to be internal bleeding caused by a damaged IVC vein which came on by an eroded IVC filter. In the lawsuit that was filed, the doctor was alleged to have misdiagnosed those symptoms. Bartholomew was survived by his four adult children.

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Perry Pace was seven weeks old when he experienced viral symptoms, including chronic diarrhea and frequent vomiting for one week. Perry was transported by ambulance to a hospital emergency room where he was seen by an emergency physician, Dr. Patrick Hawley. The doctor examined Perry and diagnosed a viral infection before discharging the baby with instructions to take Pedialyte and instructed Perry’s mother to let the virus run its course.

Three days later Perry died as a result of dehydration. The child is survived by his mother. Ms. Barker, who sued Dr. Hawley alleging he chose not to diagnose and treat Perry’s early dehydration. Ms. Barker asserted that Dr. Hawley spent only five minutes with Perry and chose not test his blood and urine, administer IV fluids or consult the paramedics, who observed Perry as having lethargy and impaired respirations during his transport to the emergency room.

Ms. Barker also sued the hospital claiming liability for its nurse’s failure to recognize Perry was mildly dehydrated or at risk for dehydration, chose not to take an adequate history and go up the chain of command when Dr. Hawley chose not to run a fluid challenge test.

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On May 21, 2015, the Illinois Supreme Court affirmed a general rule as a matter of law with respect to suicide. Maria Turcios brought a wrongful death lawsuit based on her husband’s suicide. The lawsuit alleged that it was caused by the defendant’s intentional infliction of emotional distress.

The lawsuit was filed against DeBruler Company as the agent for Colonial Park Apartments. Her husband was Nelsyn Caceras, who was also known as Ricardo Ortiz. The plaintiff alleged that she and her family had suffered through many efforts by the defendant apartment complex to throw the family out of their apartment stating that the building was being demolished. In fact, the apartment building was torn down.

The Supreme Court reviewed de novo the trial judge’s grant of the defendant’s motion to dismiss plaintiff’s wrongful death and survival claims. The Illinois Appellate Court vacated the order and remanded the case. The Supreme Court reversed and reinstated the dismissal order.

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