Justia Lawyer Rating for Robert D. Kreisman

by

The Illinois Supreme Court was asked to determine whether this special interrogatory given to the jury in this lawsuit was in proper form and whether the jury’s answer to the special interrogatory was inconsistent with its general verdict in the plaintiff’s favor.

The Circuit Court of Winnebago County held that the jury’s answer to the special interrogatory was inconsistent with the general verdict and entered judgment in favor of the defendants. The Illinois Appellate Court reversed, 2017 IL App (2d) 161086, finding that the special interrogatory was not in proper form and, therefore, should not have been given to the jury.

In addition, the court determined that because the special interrogatory was ambiguous, the jury’s answer was not necessarily inconsistent with its general verdict. For those reasons, the Illinois Supreme Court affirmed the judgment of the appellate court.
Continue reading

by

Ms. Doe, age 67, underwent elective laparoscopic hiatal hernia repair surgery. The procedure was completed by Dr. Roe, a surgeon, along with a nurse’s assistance. During the surgery, Dr. Roe used a tack applier to secure surgical mesh needed to patch an opening in Ms. Doe’s diaphragm.

The next day, Ms. Doe suffered atrial fibrillation and a rapid heartbeat. Ms. Doe coded that night and, despite extensive resuscitative efforts, she died.

Ms. Doe was survived by her husband and two adult children.
Continue reading

by

Sharon Wiser, 62, had a history of migraine headaches. She experienced right-sided headaches over a two-week period. She went to Essentia Health Duluth Clinic, where she reported her headache history and told the clinic staff that she was suffering from blurred vision.

Wiser was discharged from the clinic with a diagnosis of a migraine headache and was given a prescription for Toradol. The next day, she consulted a family physician who advised her to follow up if her symptoms did not improve.

One week later, she returned to Duluth Clinic, where internist Dr. Alan Peterson ordered a CT scan of her head. The next night, however, she went to an emergency room, complaining of a significant headache.
Continue reading

by

On May 6, 2019, the Illinois Appellate Court overturned a $25,000 settlement between a patient and doctor and revived a potentially far greater contribution claim brought against the doctor by the patient’s employer.

The original lawsuit stems from a Federal Employer’s Liability Act (FELA) case wherein Antwon M. Ross sued the Illinois Central Railroad for damages when he was injured. Ross was a former freight conductor when he sued the Illinois Central Railroad alleging that he injured his head, neck, and back when he fell trying to board a train in January 2013.

Illinois Central then filed its claims against Dr. Sarmed G. Elias for medical malpractice alleging that his treatment was the cause of worsening injuries to Ross.
Continue reading

by

Paul Chicoine was 47 years old when he experienced nausea, vomiting and extreme dizziness as he was painting a ceiling. He then developed left-sided numbness, weakness, and slurred speech.

He was taken by ambulance to a hospital where he was given medication. An emergency physician, Dr. Michael Mendola, ordered blood tests and a CT scan of the head. The finding from the CT scan was negative except for a note about a sinus inflammation. Chicoine was then discharged with the diagnosis of vertigo and sinusitis.

Eight days after discharge, he suffered a stroke. After extensive rehabilitation over eight months, he returned to his job as a court officer. He has been unable to continue working due to his deficits, which included vision impairment and limited use of his left hand, which were the result of the stroke.
Continue reading

by

A Texas state appellate court has held that a plaintiff expert’s report was adequate in a case brought by the parents whose child died after receiving inadequate treatment for a respiratory infection. Luz Del Carmen Rodriguez and Victor Velazquez took their infant son to the office of a pediatrician, Dr. Satbir Chhina.

A nurse practitioner diagnosed the baby as having respiratory syncytial virus and prescribed Tylenol and nebulizer treatments. Dr. Chhina later signed off on the treatment plan that was presented to him by the nurse practitioner. However, the next day, the baby became unresponsive. He was transferred to a hospital, where he died of cardio-pulmonary arrest. An autopsy revealed that the child’s death resulted from sepsis originating from a bacterial infection.

Rodriguez and Velazquez sued Dr. Chhina and the nurse practitioner, alleging medical negligence. The plaintiffs offered the expert report of Dr. Armando Correa, a board-certified pediatrician who specialized in pediatric infectious disease.
Continue reading

by

Latosha Evans, 17, a heart transplant recipient, went to Children’s Hospital to undergo a cardiac catheterization to correct a fractured stent in her ascending aorta.

After this procedure, which lasted approximately three hours, Latosha was transferred to the facility’s post-anesthesia care unit. A report from a neurology consultation allegedly wrote in the chart that Latosha had possible right hemiparesis; however, neither the attending nursing nor medical staff initiated a stroke protocol or requested a complete neurological assessment.

Hemiparesis is a partial weakness on one side of the body. It can affect either the left or right side of the body. The weakness can involve the arms, hands, legs, face or a combination of all. Almost 80% of stroke survivors experience hemiparesis, making it one of the most common effects of a stroke.
Continue reading

by

Ms. Doe, 47, had a family history of breast cancer. When she discovered a mass in her right breast, she consulted with Dr. Roe, a family practice physician. The doctor aspirated the mass with an 18-gauge needle but did not send the aspiration collection to cytology for analysis.

Cytology is the examination of cells from a patient’s body under a microscope to determine the presence of disease or illness. Instead, Dr. Roe referred Ms. Doe for a mammogram and ultrasound, which reported the presence of a hematoma.

Ms. Doe’s mass continued to grow. Dr. Roe allegedly attributed this to an enlarging hematoma during Ms. Doe’s multiple later visits.
Continue reading

by

Ms. Doe, age 43, was hospitalized and treated for sepsis after she underwent laparoscopic surgery. Shortly after her release from the hospital, Ms. Doe experienced severe shortness of breath, tachycardia and lower back pain.

Ms. Doe met twice with Dr. Roe, an infectious disease specialist, who ordered a chest X-ray, which he deemed to be reassuring.

The same week, Ms. Doe suffered a fatal pulmonary embolism. She had been an office manager earning approximately $62,000 per year and is survived by her husband and a minor son.
Continue reading

by

The plaintiff, Stephan Urbaniak,was prescribed and took a drug called Reglan for six years. He developed severe movement disorders. The prescribing physician, Dr. John Ross, admits that he was unaware of the risk of developing these movement disorders from long-term use of this prescription drug.

By operation of the “learned intermediary doctrine,” the pharmacy cannot be held liable for choosing not to verbally warn the plaintiff or his physician about the medical risks associated with long-term use of Reglan.

There is no specific reason that the pharmacy could have known about that, which would have made plaintiff specifically someone who could not be treated with Reglan longer than 12 weeks.
Accordingly, the Illinois Appellate Court affirmed the dismissal of the lawsuit against the pharmacy and physician.
Continue reading