Justia Lawyer Rating for Robert D. Kreisman

by

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.
Continue reading

by

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.
Continue reading

by

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.
Continue reading

by

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.
Continue reading

by

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.
Continue reading

by

Courtney Webster was diagnosed as having rectal cancer when she was 41 years old. Five years later, she underwent a CT scan at CDI Indiana Center for Diagnostic Imaging after she experienced constipation and noticed blood in her stools.

An independent contractor physician interpreted the CT test and did not mention an abnormal rectal mass. Eighteen months later, Webster underwent a colonoscopy, which showed rectal cancer. A follow-up CT scan showed a soft-tissue rectal mass and indications of metastasis. Webster, whose cancer is now Stage IV, will most likely die from the disease in the near term.

Webster and her husband sued the Center for Diagnostic Imaging, Inc. d/b/a CDI Indiana, LLC and CDI Indianapolis, alleging liability for the independent contractor’s choosing not to report the presence of a rectal mass on the first CT scan.
Continue reading

by

Jody Blatchley, a 32-year-old snowboarding coach, fractured his left tibia and right calcaneus in a snowboarding mishap. He underwent two surgeries over the next few days including a left tibial plateau repair surgery performed by Dr. Richard Cunningham.

After a second surgery, it was noted that Blatchley had pain, decreased sensation in his left leg, and an inability to move his left toes. Orthopedic surgeon Dr. Peter James evaluated Blatchley and prescribed pain medication.

Over the next few days, Blatchley’s pain increased, he developed swelling and remained unable to wiggle his toes. He underwent an ultrasound and was later found to have increased pressure in the compartments of his lower left extremity. This led to an emergency fasciotomy, debridement and skin graft procedures, and placement of a wound VAC six days after the injury. Blatchley now suffers from left foot drop and lower leg pain. His medical expenses totaled $418,000, and he lost income of $190,000.
Continue reading

by

Jerri Woodring-Thueson suffered a stroke. Several days later, tests showed a suspected vertebrobasilar arterial dissection. She was transferred to Seattle’s Harborview Medical Center, the nearest comprehensive stroke center.

A vertebral artery dissection is a flap-like tear of the inner linings of the vertebral artery, which is located in the neck and supplies blood to the brain. After such a tear, blood enters the arterial wall and forms a blood clot to thicken the artery wall; often it blocks blood flow.

Shortly after her admission to the Seattle facility, she experienced nausea, vertigo, decreased hearing, blurred vision and uncontrolled eye movements. A repeat MRI was negative for new strokes. Woodring-Thueson’s treating physicians continued her on dual antiplatelet therapy, which included aspirin.
Continue reading

by

On April 21, 2011, Gail Osten had a screening mammogram. The “technologist” at the screening noticed a slightly inverted left nipple and a brown discharge, which Osten had not noticed before.

The mammogram revealed bilateral benign calcification and no other masses or malignancy. No further tests were ordered. In December 2011, she was diagnosed with breast cancer. She died on March 19, 2015.

On Jan. 20, 2017, Joseph Osten, as special administrator for Gail Osten’s estate, filed suit against Northwestern Memorial Hospital, Northwestern Medical Faculty Foundation, Nye Partners in Women’s Health and three of the medical providers who treated Osten in April 2011.
Continue reading

by

Shelva Kostrzewa underwent a face lift that was completed by a plastic surgeon, Dr. Thomas Beird. She was 64 years old at the time. It was alleged in the lawsuit that she suffered severe scarring and disfigurement, which led to emotional distress.

Kostrzewa sued Dr. Beird and his professional corporation alleging he mishandled the procedure by thinning her skin excessively and stitching her skin too tightly. This process led to blood flow problems and tissue death. She also maintained that Dr. Beird chose not to diagnose and treat the thinning skin and stitching her skin too tightly when she visited the doctor three times after the surgery.

The jury returned a verdict of $400,000.
Continue reading