Justia Lawyer Rating for Robert D. Kreisman

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Doe went to a medical clinic complaining of increased fatigue, weakness and shortness of breath. A resident physician allegedly obtained an electrocardiogram (EKG), which was abnormal, and ordered a routine cardiology referral. The resident’s supervising physician allegedly did not see or evaluate Doe.

Four months later, Doe collapsed at home from suspected cardiac arrest. Emergency resuscitation was unsuccessful.

The lawsuit filed on behalf of Doe and family alleged that the resident and attending physician chose not to recognize that the EKG findings were consistent with a third-degree heart block, in which the upper chambers of the heart loses communications with the lower chambers. This condition necessitated an urgent referral to a cardiologist for placement of a pacemaker, the plaintiff maintained.
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Darren Vines, 48, was a corrections officer when he suffered a concussion after being beaten in a workplace attack. One week later, he underwent a procedure to remove food from his throat. He later vomited blood and went to a hospital emergency department. A gastroenterologist, Dr. Aaron Greenspan, performed a second surgical procedure to investigate his condition and reported an esophageal tear.

At the start of this second procedure, a nurse anesthetist noted the presence of blood in Vines’ stomach. The nurse asked Dr. Greenspan three or four times to convert to general anesthesia and allow Vines to have a breathing tube. Dr. Greenspan refused.

Vines aspirated his stomach contents and went into respiratory and cardiac distress. He suffered hypoxia, which left him with significant memory deficits for six months.
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Mr. Doe had a family history of colon cancer. He also had a personal history of ulcerative colitis. He underwent regular colonoscopies.

In 2016, one of the pathology specimens collected during his colonoscopy found to be “indefinite dysplasia.” Dysplasia describes the presence of abnormal cells within a tissue or organ. Dysplasia is not cancer, but it may sometimes become cancer.

Mr. Doe’s treating gastroenterologist allegedly did not note this condition, dysplasia, in his record. Mr. Doe later received a letter indicating his results were normal. He then received a form letter stating that he was due for a repeat colonoscopy in 2019, but this was never done.
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Nicholas Carusillo, 29, had a history of bipolar affective disorder, manic depression and substance abuse. After experiencing signs of mania and behavioral outbursts, he was admitted to an inpatient psychiatric unit. His medication, including Seroquel and lithium, were increased until his condition stabilized.

He was then discharged to Metro Atlanta Recovery Residences Inc. At the facility, Dr. Richard Waldman evaluated Carusillo and discontinued the lithium in addition to lowering the Seroquel dosage.

Carusillo’s longtime mental health provider was in contact with a Metro Atlanta staff member and explained that it was imperative for Carusillo to receive his medications. Nevertheless, Dr. Waldman lowered the Seroquel dosage once again.
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The defendants, Gregg Coccaro, M.D., and Associated Saint James Radiologist, S.C., appealed from the $6.5 million jury verdict in this medical malpractice lawsuit. The appeal raised the following two issues:

(1) Did the trial court abuse its discretion in making a series of rulings related to evidence, argument and instruction that unfairly prejudiced defendants and thus warranted a new trial; and

(2) Did the trial court err in awarding prejudgment interest because the General Assembly’s 2021 amendment mandating prejudgment interest in personal injury and wrongful death cases (735 ILCS 5/2-1303(c) (West Supp. 2021)) violated the Illinois constitution?
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Edward Peers was eating dinner with his family when he felt a jolt of pain in his back and radiating chest pain. He was taken to Doylestown Hospital where he was examined by an emergency department physician who ordered two EKGs.

The test results were not concerning for acute coronary syndrome, and a chest x-ray did not reveal any acute findings. Nevertheless, while at the emergency department, Peers experienced shortness of breath, nausea and bradycardia.

The emergency department doctor allegedly diagnosed nonspecific chest pain and heat exhaustion. The doctor ordered that Peers be discharged after receiving IV hydration.
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Robin Mann underwent a screening mammogram at the McGuire Veterans Affairs Medical Center. A doctor there allegedly noted a previously seen mass in Mann’s left breast but did not order an ultrasound.

Approximately two years later, Mann underwent another screening mammogram that revealed no new masses. The following year, she noticed a mass in her left thigh, a small lump in her right buttock and a palpable lump in her left breast. A physician at McGuires Women’s Health Center allegedly diagnosed a benign fibrocystic condition and ordered another mammogram. After undergoing this test, Mann was advised to continue with routine screening mammograms.

The lump in Mann’s breast grew larger. She underwent a diagnostic mammogram, but this allegedly was not compared to the previous images. When an ultrasound did show an abnormal mass, Mann underwent a breast biopsy, which led to a diagnosis of high-grade invasive mammary carcinoma.
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Ms. Doe, 70, suffered from atrial fibrillation and had two mechanical heart valves. She was prescribed Coumadin to prevent a stroke. When Dr. Roe, her treating cardiologist, recommended elective replacement of her pacemaker battery, the Coumadin was stopped five days before the procedure. It was then restarted after the surgery.

Dr. Roe placed Ms. Doe on Bactrim to prevent infection and ordered an INR test, which is the international normalized ratio blood test. The test showed a result of 3.2 – more than double the previous INR taken before the procedure. Dr. Roe allegedly ordered a repeat INR for one month later. The INR blood test tells a patient how long it takes for blood to clot. A test called prothrombin time (PT) measures how quickly the blood clots in the body.

Before the repeat INR test, Ms. Doe was taken to the hospital ER suffering from anemia. Her INR at the time was 22.8. While at the hospital, Ms. Doe coded several times and died the next day.
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Jonathan Buckelew, 32, experienced neck pain and a headache for four days. In addition, he suffered bouts of blurred vision and ringing in his ears. He went to a chiropractor — Dr. Michael Axt — who completed a neck adjustment.

When Buckelew sat up after the adjustment, he reported dizziness; he appeared disoriented. Dr. Axt called 911, and Buckelew, who became unresponsive, was taken to North Fulton Hospital.

By the time he arrived at the hospital, he was able to move only his right hand. An emergency physician, Dr. Matthew Womack, allegedly diagnosed a possible dissection and ordered a CT of the brain and a computed tomography angiography (CTA) of the neck. A radiologist, Dr. James Waldschmidt, interpreted the CTA showing a potential vertebral artery dissection.
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Kerri Downes, 22, discovered a lump in her right breast while showering. She went to Axia Women’s Health, where she was seen by a nurse practitioner, Eileen Carpenter. Carpenter diagnosed fibrocystic breast changes, and a follow-up exam was scheduled for two weeks later.

At this appointment, Carpenter again diagnosed bilateral fibrocystic changes. Approximately nine months later, Downes experienced itching and burning of the skin over her breast. She consulted a physician, who noticed that Downes’s right breast was larger than her left and that she had a mass in her right breast.

An ultrasound and a biopsy led to a diagnosis of Stage IIB breast cancer, with metastasis to three lymph nodes. Downes underwent a bilateral mastectomy with lymph node dissection, chemotherapy and radiation as well as breast reconstruction. Downes is now 26 and has a reduced chance of survival.
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