Justia Lawyer Rating for Robert D. Kreisman

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A chest X-ray of Marilyn Day, 76, revealed a suspicious lung mass several weeks after she had been admitted to Firelands Regional Medical Center. She was suffering from leg weakness, confusion and disorientation when she was admitted. A repeat X-ray showed the mass had shrunk.

An MRI of the brain revealed multiple ring-enhancing lesions with restricted diffusion, consistent with a brain abscess or metastatic cancer. Neurologist Dr. Jean Barylski Danner examined Day and reviewed the MRI. She told Day’s family that she was likely suffering from metastatic brain cancer.

Testing for lung cancer was negative. After an infectious disease consultation, and a week after Day’s consultation with Dr. Barylski Danner, she was administered antibiotics to treat a brain abscess. A neurosurgeon performed an aspiration procedure.
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Melanie Smith, 40, was taken to a hospital suffering from a severe headache, slurred speech, dizziness, right-sided weakness, and vomiting. These were all apparent signs of a stroke.

Two hours after she arrived at the hospital, an emergency physician, Dr. Antonio Baca, examined her, prescribed migraine medication and ordered a CT scan. The scan was negative for hemorrhagic stroke.

However, Smith’s symptoms continued over the next few hours. Dr. Baca ordered an MRI and consulted with a neurologist. The MRI showed that Smith had suffered an ischemic stroke. She was then transferred to another hospital where she underwent a craniotomy. A craniotomy is the serious surgical procedure in which the skull is perforated. A bone flap is temporarily removed from the skull to allow access to the brain by the neurosurgeons. A craniotomy is usually completed so that neurosurgeons can remove a brain tumor or an abnormal brain tissue.
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Ms. Doe, age 47, suffered from multiple sclerosis and used a walker. After she visited an urgent care clinic, she became tired and tried to sit down on her walker. The walker flipped over and Ms. Doe hit her head on the pavement.

A physician’s assistant at the clinic treated the injury and stitched Ms. Doe’s wound before discharging her with only verbal instructions.

Ms. Doe lapsed into a coma approximately five hours later. She was taken by ambulance to a nearby hospital where testing revealed a skull fracture and intracranial hemorrhage with midline shift.
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Lisa-Maria Carter, 45, was seen as an outpatient at Tampa General Hospital to remove an ovarian cyst. The staff physician, Dr. Larry Glazerman, performed a Hassan laparoscopic procedure aided by two resident physicians.

During the surgery, Dr. Glazerman transected Carter’s bowel. She was admitted to the patient floor several hours after the surgery. She experienced severe pain and abnormally low blood pressure. In addition, her incision opened, discharging a large amount of bloody fluid.

Carter’s condition continued to worsen until she was diagnosed as suffering from acute respiratory failure, hypotension, organ failure and sepsis.
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Dawn Kali was 36 when she was diagnosed with Stage I breast cancer. She was being treated by Robert Young at pH Miracle Living, an inpatient treatment center.

Kali flew to San Diego, where she paid more than $2,000 per night at the pH Miracle Living ranch. She also paid $500 for each round of an intravenous infusion treatment that was later learned consisted of baking soda. She did not pursue other cancer treatment. Her condition deteriorated. At the present time, Kali has been diagnosed with Stage IV cancer with just a four-year life expectancy.

Kali sued Young, alleging negligence and fraud. She presented testimony from pH Miracle Living’s accountant that she had overheard Young promise patients he could cure their cancer, even though Young was not a medical doctor. From the reporting of this case, it is not clear whether Young represented to individuals at pH Miracle Living that he was in fact an oncologist, a doctor or in the medical profession at all.
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Deborah DeFranko was diagnosed by ophthalmologist Dr. Taylor Poole as having cataracts. Dr. Poole performed cataract surgery on DeFranko’s eyes over the course of one month.

During the cataract procedures, Dr. Poole placed Toric lenses in both eyes.

A Toric lense is a contact lense that is shaped in a way to conform to the shape of the patient’s eyes. In a cataract surgery, Toric lenses are implanted to replace the clouded lenses of the patient’s lens. Sometimes a Toric lens may correct astigmatism during cataract surgery.
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On Nov. 20, 2018, the Illinois Supreme Court heard oral arguments in the case of Rosenbach v. Six Flags, which reportedly is the first case concerning Illinois’ Biometric Information Privacy Act (BIPA). The issue in the case was whether a person whose biometric data has been inappropriately collected in violation of BIPA has standing to sue under the Act’s private right of action.

The requirements of BIPA for collection and use of biometric information by private entities is outlined in Section 15(b), which requires that a private entity collecting a person’s biometric information (1) inform a person in writing that his or her biometric information is being collected, (2) explain the purpose and length of time for which the information will be used, and (3) receive written consent. In addition, Section 20 of the Act provides a right of action for “[a]ny person aggrieved by a violation of this Act” to recover damages, legal fees and other relief.

In this case, Stacy Rosenbach filed a lawsuit in the Circuit Court of Lake County, Ill., on behalf of her minor son, alleging that Six Flags had collected his fingerprint in violation of Section 15(b) and sought damages and injunctive relief pursuant to Section 20 of the Act. Six Flags moved for dismissal maintaining that Rosenbach was not “aggrieved” because there was no injury beyond the BIPA violation.
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David Marr, 72, was undergoing cancer treatments at a cancer institute. He underwent a kidney function test, which was ordered by a nurse practitioner, Janet Kunsman. Radiologist Dr. Sachin Saboo then authorized a CT scan with IV contrast.

After the contrast dye was applied, Marr suffered kidney failure. Subsequently, he required dialysis until his death three years later. The finalized results of the renal function test, which arrived after Marr’s kidney failure, showed that he had worsening kidney function.

Marr’s estate sued Kunsman and Saboo alleging negligent authorization and administration of contrast dye on a patient with worsening kidney function. Marr argued that the defendants should have reviewed the finalized test result before contrast dye was administered.
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Samuel Gray was 61 when he reported excruciating pain and cramping in his left lower leg. He was taken by ambulance to a hospital emergency room where it was noted that he had diminished foot pulses and was in severe pain. He was later diagnosed as having acute ischemia of the lower leg and was given Heparin, a blood thinner.

The hospital staff contacted a thoracic surgeon, Dr. Panagiotis Iakovidis, who agreed to treat Gray and ordered a CT angiogram. The CT angiogram confirmed the diagnosis of acute ischemia in the lower leg.

However, Dr. Iakovidis did not see Gray personally until the next day, 22 hours after the hospital staff had requested his services. Despite an attempt to restore blood flow, Gray subsequently required below-the-knee amputation of his left leg.
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Ana Mejia, 35, was admitted to an undisclosed hospital to undergo a tubal ligation following the birth of her third child. The procedure was done by a doctor employed by the Public Health Service. Although she experienced postoperative bleeding and dizziness, she was discharged with a prescription for pain killers.

The next day, Mejia allegedly called her treating medical clinic, with the help of a friend, to report that she was experiencing high fever and significant pain. Her condition continued to deteriorate, and she was taken by ambulance to the hospital the next day.

Mejia went into septic shock, renal failure and other problems that required emergency surgery. Cultures from this surgery revealed Group A streptococcus and candida. Mejia was then taken to the ICU where she suffered cardiac arrest and several strokes.
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