Justia Lawyer Rating for Robert D. Kreisman

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Angela L. McIntyre, as independent administrator of the estate of Donald R. McIntyre Jr., filed a medical malpractice case alleging that her late husband was negligently treated while he was a patient in the ICU at OSF St. Francis Medical Center.

The jury’s verdict was signed in favor of the McIntyre family and against some of the defendants for $1.1 million for loss of income, goods and services, and $500,000 for loss of companionship and society. The jury entered its verdict in favor of a third-year medical resident and her employer, the hospital, as to institutional negligence.

The appellate court found that the trial court had erred in excluding as hearsay the medical resident’s testimony as to what the on-call hematologist told her about McIntyre’s care, as it was not offered to prove the truth of any factual matter, but instead was to show why the resident and another physician acted as they did.
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A Peoria County, Ill., jury signed a verdict for more than $1.6 million for injuries caused to a young woman, Peyton Heathcoat caused by a chiropractor’s negligence. Heathcoat underwent manipulation to her back, spine, ribs, scapula and shoulder in 2012 and 2013. Treatment started when she was just 17 years old.

The verdict was reached on Sept. 13, 2019 after a 5-day trial. The jury’s verdict was higher than any previously reported chiropractic malpractice verdict or settlement in Peoria County, Ill., according to John L. Kirkton, editor of Jury Verdict Reporter, a product of Law Bulletin Media.

Heathcoat was being treated in 2012 and before that by Bartonville chiropractor Lonny J. Lannert, D.C. for knee pain related to her playing soccer.
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David Scheer, the father of Matthew Scheer, drove his son to the emergency room at Grand Strand Regional Medical Center because David noticed that his son had added some disturbing posts on social media. Matthew was 26 at the time. He was also suffering from auditory and visual hallucinations. Matthew was diagnosed as having suffered a break from reality and was admitted to the hospital when he arrived.

As an inpatient, Matthew was seen by two hospitalists. While at this facility, Matthew became agitated, accused the nurses of being devil worshippers, and told staff that he wished to leave the facility.

The second attending hospitalist did not contact David Scheer, Matthew’s father, about his son’s intentions. He allowed Matthew to leave the hospital against medical advice during an Atlantic coast hurricane. Matthew disappeared and reportedly drowned in the Atlantic Ocean. His death certificate listed his death as a suicide. He is survived by his parents and sibling.
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The parents of a 22-year-old man were awarded $2.68 million by a jury after their son died when a hospitalist at Columbia Medical Center of Arlington, Texas, failed to order a CT scan and surgery to repair a hole in his liver.

The case was reported in the American Association of Justice Professional Negligence Law Reporter.

The patient, M.H., suffered flu symptoms over a two-week period. He was admitted to the Medical Center of Arlington, where he underwent an ultrasound-guided liver biopsy. Several hours later, a treating nurse noted that he was dizzy and sweating profusely.
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In a medical malpractice lawsuit, the Missouri Supreme Court affirmed the judgment against the plaintiffs following a jury verdict in favor of the defendants. The state’s high court held that the circuit court did not commit reversible error when it refused to allow the plaintiffs’ attorney additional voir dire time so he could ask “the insurance question.” The lawyer had forgotten to ask it during his initial voir dire. The court referred to another Missouri case for support of its decision, Ivy v. Hawk, 878 S.W. 2d 442 (Mo. Banc 1994).

The Missouri Supreme Court has held that a party has the right to ask the insurance question during voir dire if the proper procedure is followed to avoid unduly highlighting the question. The Missouri Supreme Court noted, however, that Ivy did not divest the circuit court of its discretion to control the proper form and timing of voir dire questioning, including discretion as to whether counsel’s proposed procedure would unduly highlight the question.

The court then affirmed, holding that because plaintiff’s counsel forgot to ask the insurance question during multiple hours of voir dire, the court acted within its discretion. The lower court’s finding is that it would unduly highlight the question to allow counsel to recommence his questioning to ask the insurance question after voir dire had otherwise concluded.
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Dennis Davis, an Illinois prisoner suffering from kidney disease, received dialysis on a Saturday. He later told the prison nurse that his mind was fuzzy and his body was weak. Both of these complaints were similar to other side effects he had experienced in the past after dialysis treatment. The nurse called Dr. Francis Kayira, the prison’s medical director, who asked her whether Davis had asymmetrical grip strength, facial droop, or drooling. These are classic signs of a stroke.

When the nurse said “no,” Dr. Kayira determined that Davis was experiencing the same dialysis-related side effects as before rather than something more serious.

Dr. Kayira told the nurse to monitor Davis and call him if the symptoms worsened. Dr. Kayira did not hear anything for the rest of the weekend. On the following Monday morning, Dr. Kayira examined Davis and discovered that Davis in fact had suffered a stroke.
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T.S., a 55-year-old male, was hospitalized at Provena St. Joseph Hospital from April 9 to April 15, 2005, and received outpatient care from April 18 to April 28, 2005. He complained of back pain to nurses, but it was claimed that this information was not communicated to the attending doctors.

T.S. alleged that he suffered a spinal infection, which was not included in the differential diagnosis of the treating physicians, and that appropriate diagnostic imaging studies and lab tests were not done. Because of the infection, T.S. suffered permanent paraplegia, paralysis from the chest down, and neurogenic bowel and bladder dysfunction. He is confined to a wheelchair.

The medical negligence lawsuit was brought against Provena Hospital, treating physicians, radiologists and Kishwaukee Hospital, where T.S. was admitted on April 28, 2005.
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A problem has developed with the St. Jude implanted heart device: A wire or lead that connects a defibrillator to a patient’s heart has been failing, often with fatal results. The lead, a model called Riata, has been used by more than 128,000 patients worldwide.
The electrical wires within the Riata lead have been known to break through the insulation, causing shocks in some patients and other more serious injuries. More important, the Riata wire failure does not react to the need for a lifesaving jolt to keep a failing heart beating.
St. Jude stopped selling the Riata product in late 2010. In December 2011, The U.S. Food and Drug Administration (FDA) announced the voluntary physician recall of the Riata and Riata Silicone Defibrillation Leads as a Class I Recall. This means that the FDA believed there was potential risk of serious injury or patient death caused by the devices’ malfunction.
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Michelle Phibbs, 29, had a history of mental illness. She was admitted to Heartland Behavioral Healthcare, a state-run psychiatric hospital, for an inpatient stay after experiencing difficulty following the death of a close family friend.

A psychiatrist diagnosed bipolar disorder, borderline personality disorder, and alcohol abuse, among other problems, and prescribed Ativan, Geodon and Thorazine.

One morning, after Phibbs was released from restraints, a nurse noted that she had forced breathing and was gasping. In the next hour, the facility’s staff checked on Phibbs three times until a nurse found her unresponsive.
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Jonathan Rabkin, 53, went to a hospital emergency room complaining of the sudden onset of upper abdominal pain radiating to his back. The attending emergency room physician, Dr. Vikram Varma, ordered a chest x-ray and chest CT scan without contrast.

Radiologist Dr. Paul Shieh interpreted the CT scan as showing a 5.2 cm ascending thoracic aortic aneurysm. An aneurysm by definition is an excessive localized enlargement of an artery caused by a weakening of the artery wall. In too many patient cases, an aneurysm left unrecognized and untreated can be deadly.

Rabkin was then admitted for observation and five hours later underwent an enhanced CT scan, which showed a type A aortic dissection.
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