Justia Lawyer Rating for Robert D. Kreisman

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Under the Illinois Code of Civil Procedure Section 2-1009, an Illinois plaintiff is allowed to voluntarily dismiss all or part of a claim without prejudice before a trial or a hearing begins. The statute allows this process upon payment of costs. Related to Section 2-1009 is Illinois Supreme Court Rule 219(e), which states, “A party shall not be permitted to avoid compliance with discovery deadlines, orders or applicable rules by voluntarily dismissing a lawsuit.”

Continuing, Rule 219 says: “In establishing discovery deadlines and ruling on permissible discovery and testimony, the court shall consider discovery undertaken (or the absence of same), any misconduct, and orders entered in prior litigation involving a party. . .”

In the case of Boehle v. OSF Healthcare System, a medical-malpractice lawsuit, the claim was for a failure to diagnose and treat a cancerous growth in the spine of the patient.
The alleged medical negligence led to the death of the plaintiff’s son.
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The New York State Appellate Court has ruled that an orthopedic resident was not liable to a patient injured during a knee replacement surgery.

In this case, Carol Blendowski underwent a knee replacement surgery that was performed by Dr. Michael Wiese and Dr. Marc O’Donnell, who was a third-year orthopedic resident.

During the surgery, Blendowski suffered an injury to her peroneal and tibial nerves. These nerve injuries were permanent.
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A medical malpractice lawsuit arising from the death of Jeannette Turner first resulted in a jury verdict of $22.1 million in this medical malpractice, wrongful death lawsuit. Sadly, Turner died the night before the jury’s verdict. According to the report of this Illinois Appellate Court case, her death transformed her medical-malpractice lawsuit into a survival claim for Joi Jefferson, Turner’s daughter and the special representative of her estate. As a result, Jefferson was unable to recover compensation that was awarded for any injuries Turner would have suffered in the future.

“Compensatory tort damages are intended to compensate plaintiffs, not to punish defendants,” Justice Mary Anne Mason wrote in the 23-page opinion. “We would run afoul of this principle if we allowed Jeannette’s estate to collect an award for future injuries Jeannette will no longer suffer. For this reason, we limit plaintiff’s recovery to compensation for injuries Jeannette suffered prior to her death.”

Turner had sued Mercy Hospital & Medical Center in 2006 claiming that the hospital’s doctors chose not to care for her after installing a tracheostomy tube in her windpipe. A blood clot developed, causing her to go into respiratory arrest. She suffered serious brain damage after she was without oxygen for 20-25 minutes.
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Leslie Pederson, 40, underwent a laparoscopic ovarian cystectomy that was done by a gynecologist affiliated with Buffalo Clinic, P.A. During this procedure, the doctor reinserted the trocar without using a camera for direct visualization.

As a result, Pederson suffered a 5-mm laceration to her right common iliac artery that required an emergency laparotomy.
As manager for a transportation company, she missed several months from her job and was later fired. She had lost income of $47,000. Pederson went back to school to train for a different job and profession.

Pederson and her husband filed a lawsuit against Buffalo Clinic claiming that it was liable for the doctor’s negligence for reinserting the trocar without a camera. A trocar is a surgical device usually made out of metal or plastic and sharpened at its end. Trocars are mostly used in laparoscopic surgery. The instrument has a sharp-pointed end with a cannula used to insert the cannula into the body cavity as a drainage device. It’s used to withdraw fluid from the surgical area.
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A medical malpractice lawsuit was filed in which the physician’s insurer, Illinois State Medical Inter-Insurance Exchange (ISMIE), refused to pay its $3 million policy limit to settle the case, which was brought by Alizabeth and Alvin Hana. The suit was filed against Drs. Albert and Joyce Chams and Chams Women’s Health Care. At the jury trial, the verdict for the Hanas totaled $6.1 million.

After ISMIE paid its policy limit plus post-judgment interest at 9% and an offset was applied based on a pretrial settlement with other defendants, the doctors were left personally liable for $1.35 million.

The Chamses assigned their bad-faith claim against ISMIE to the Hanas in return for a promise to not enforce the judgment. Then the Hanas sued ISMIE for allegedly breaching its duty to settle.
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Nicole Incrocci was just 15 when she was bitten by a poisonous snake on her lower left leg. Her leg continued to swell over the next month. When she developed right flank pain, coughing and vomiting, she went to a hospital emergency room where a doctor diagnosed pneumonia, prescribed an antibiotic and discharged her to home.

Nicole’s condition worsened despite the administration of multiple antibiotics. She was later hospitalized. A family physician, Dr. Monique Casey-Bolden, who was aware of the pneumonia diagnosis, Nicole’s chest pain and her history of coughing up blood, diagnosed worsening pneumonia and prescribed different antibiotics.

Nicole’s condition continued to worsen. She developed rapid heart and respiratory rates for which Dr. Casey-Bolden ordered oxygen, albuterol treatments, Tylenol, and an EKG and chest-x-ray.
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In this case of medical malpractice, the trial court refused to allow the plaintiff to name a pediatric oncologist as one of her expert witnesses. The plaintiff, Kelli Boehle, used what is called a “strategic voluntary dismissal” in order to name a new additional expert. Right after refiling the case under Section 13-217 of the Illinois Code of Civil Procedure, Boehle listed the same pediatric oncologist that the trial court had originally denied as being tardy.

The defendants relied on Illinois Supreme Court Rule 219(e), which lists a set of authorized consequences for “refusal to comply” with discovery/pretrial rules and orders. They moved to bar Boehle from using the oncologist as an expert in the refiled case.

Although the trial judge denied the motion because Boehle had not engaged in any sanctionable conduct in the first case, the judge certified two questions for immediate review under Illinois Supreme Court Rule 308. Both questions raised to call for yes/no answers focused on whether Rule 219(e) should be interpreted to “prevent Boehle from naming the oncologist as one of her experts in the revived litigation.
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On Oct. 5, 2012, the defendant in this case, Dr. Yasser Alhaj-Hussein, completed a celiac plexus block procedure designed to lessen or alleviate the pain that Kathy Arient was experiencing in her abdominal area. The procedure was done at Orland Park Medical Center and involved alcohol inserted into the spine to destroy select nerves.

Following the procedure, Arient complained of numbness in her legs and was taken by ambulance to St. Joseph’s Hospital. It was there that it was determined that she had been rendered paraplegic. Arient and her husband, Terry Arient, filed a lawsuit against Dr. Hussein and other defendants alleging medical negligence in performing the celiac block. The suit also included a claim for loss of consortium.

Unfortunately, Arient died on June 9, 2014. The lawsuit was amended to include a wrongful-death and survival action against both Dr. Hussein and Illinois Anesthesia and Pain Associates and Orland Park Surgical Center. Orland Park Surgical moved to be dismissed as a defendant; the trial judge agreed.
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Esmeralda Tripp, 42, suffered from atrial fibrillation (AFib) and was on Coumadin to manage her condition. While on this medicine, she experienced 17 instances of high INR (International Normalized Ratio). INR is a standardized number that is calculated in a laboratory. If a patient takes blood thinners, the INR is particularly important. INR is actually the timing mechanism for clotting. The prothrombin time, along with its derived measures of prothrombin ratio and international normalized ratio, are all used in evaluating the pathway of coagulation or blood clotting.

After the report of high INR, doctors prescribed Vitamin K, fresh frozen plasma or a discontinuation of the Coumadin.
After again understanding that she had high INR, Tripp went to the University of Arizona Medical Center. A resident physician, Dr. Olga Gokova, and her supervising physician suggested that Tripp take Profilnine, a prothrombotic.

Two hours after receiving an injection of the Profilnine, Tripp suffered a heart attack resulting from a blood clot in her coronary arteries. The blood clot caused her to experience oxygen deprivation, which led to profound brain damage. Today, she remains in a minimally conscious state.
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In the confidential reporting of this case, Mr. Doe, 58, developed shortness of breath. He was admitted to a local hospital where he underwent various tests to rule out pulmonary embolism.

The hospital staff interpreted a pulmonary angiogram suspicious for, but not diagnostic of, an embolism. Mr. Doe was prescribed Coumadin and injectable Lovenox. He was then discharged from the hospital.

The following day, Mr. Doe returned to the emergency room complaining of severe abdominal pain. A CT scan and ultrasound showed a rectus sheath hematoma with internal bleeding. A rectus sheath hematoma is described as an accumulation of blood in the outer lining or sheath of the rectus abdominis muscle. The condition causes abdominal pain with or without a mass. The collection of blood or the hematoma may be caused by either rupture of the epigastric artery or by a muscular tear.
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