Justia Lawyer Rating for Robert D. Kreisman

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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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A proposed Illinois law would limit the number of patients each hospital nurse would be allowed to care for at one time. The proposed legislation was based on a national survey, which suggested that such a rule would lead to better working conditions for nurses and would benefit patient care.

However, Illinois’ leading hospital lobbying group remained solidly opposed to the idea, arguing it would result in the closure of many hospitals, especially in less populated rural areas, and would accelerate the already rising costs of healthcare.

The survey was conducted in 2018 by the group Nurses Take DC, a national organization that lobbies for stricter nurse-to-patient ratios.
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Isatu Sheriff, 39, underwent the removal of a bunion by a podiatrist and was placed on blood thinners following the surgery. One week after finishing the blood thinning medicine, she went to an urgent care facility complaining of leg pain. An emergency room physician performed a workup for muscle pain and back pain and prescribed opioids.

Sheriff collapsed and died eight days after that urgent care facility visit. The cause was determined to be a pulmonary embolism that traveled from her leg to lodge in her lung. She had been a certified nursing aid earning approximately $38,000 annually and was survived by her husband and two minor children.

Sheriff’s husband sued the doctor alleging that she chose not to test for and diagnose deep vein thrombosis. The Sheriff lawsuit alleged that the doctor should have ordered a Doppler ultrasound and a D-Dimer test, which would have revealed a treatable blood clot.
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Rodney Knoepfle, 67, suffered from significant health problems. He had a history of stroke and orthopedic and cardiac problems. Before all this took place, he executed an advance directive, which designated his wife to make healthcare decisions and stated his desire to forego life-sustaining healthcare treatment should that become necessary. In other words, he signed this directive stating that he did not wish to be resuscitated in case of a deteriorating medical condition.

When Knoepfle began feeling poorly, he was admitted to St. Peter’s Hospital. He provided his advanced directive to the nurses and staff who entered a do-not-resuscitate (DNR) order into the hospital computer system.

However, two days later, Knoepfle became non-responsive, prompting a nurse to call for help. When no one responded to the call, the nurse called a code. The on-duty hospitalist, Dr. Lee Harrison, came to Knoepfle’s bedside and performed chest compressions for 10 to 15 minutes. Knoepfle was resuscitated; however, he then coded the following day. Dr. Harrison then gave Knoepfle adrenaline.
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Johnny Terrell Sledge, 24, suffered a gunshot wound to his back. He was taken to the DCH Regional Medical Center emergency room where an emergency room physician recognized the need for surgery.

On-call trauma surgeon Dr. Bradley Bilton was paged repeatedly but responded that he was in surgery and that someone else should be called to assist Sledge. The hospital staff could not locate another surgeon; Dr. Bolton was paged again.

Instead of coming to the emergency room after completing the surgical procedure that he was involved in, Dr. Bilton started a second elective surgery instead of coming to the aid of Sledge.
Unfortunately, Sledge died while waiting for an emergency laparotomy. He is survived by his family.
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