Justia Lawyer Rating for Robert D. Kreisman

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According to the report of this Illinois Appellate Court (1st District) decision, new ground is being broken in a lawsuit brought by Senayda Norabuena against Medtronic Inc. The suit, which was first dismissed on motion, involved the use of a Medtronic medical device implanted in a spinal fusion surgery.

The appeals panel for the 1st District held that the lawsuit, brought by Norabuena and her husband, against Medtronic involved parallel state law claims that are not pre-empted by federal law.

The justices found the plaintiffs’ pleadings were insufficient and ordered Cook County Circuit Court Judge John P. Callahan Jr. to grant them leave to file an amended complaint.
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Ms. Doe, age 37, developed shortness of breath eight days after giving birth. A CT angiogram to rule out a pulmonary embolism revealed an enlarged right-sided axillary lymph node. Despite this finding, Ms. Doe’s healthcare providers ordered no further follow up. Over a year later, Ms. Doe discovered a lump in her right breast.

Testing of the lump by biopsy of the breast mass and lymph node led to a diagnosis of metastatic Stage IV breast cancer with lung involvement.

Ms. Doe is the mother of three children and a food service worker earning just minimum wage. Sadly, Ms. Doe’s condition at Stage IV is terminal.
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Virginia Moraites, a 77-year-old retiree, underwent a total left knee replacement at Vista Medical Center East in Waukegan, Ill., on Oct. 13, 2009. The inpatient procedure was done by the defendant orthopedic surgeon, Dr. Gerard Goshgarian. On the morning after the surgery, Oct. 14, 2009, a nurse found that Moraites was unable to move her left foot. The foot felt cold and there were no detectable pulses in her foot.

The hospital’s nurse immediately called both Moraites’ internist and Dr. Goshgarian to report these findings. The internist responded first and ordered a STAT left leg arterial Doppler study as well as a vascular surgery consultation.

Vascular surgeon Dr. David Onsager sent his physician’s assistant to examine Moraites and also ordered ultrasound testing of the blood flow in her feet. Dr. Goshgarian came to bedside to examine Moraites, but he did not issue any additional orders and left to perform surgery on a different patient.
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Michael Mills was 28 and had a history of smoking and borderline hypertension. He experienced chest pain for a year. He had seen a cardiologist, Dr. Hassan Kassamali, who ordered an echocardiogram, which was shown to be normal.

Mills had two additional appointments with Dr. Kassamali for his continued symptoms of chest pain, but the physician ordered no further tests.

About three weeks after his last cardiology appointment, Mills suffered a fatal cardiac arrest. The autopsy revealed triple-vessel coronary artery disease. Mills is survived by his parents and a minor son.
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Ezekiel Flores, 89, was admitted to MacNeal Hospital in Berwyn, Ill., in January 2013 for complaints of leg pain. While he was there, an abdominal CT scan came back with abnormal results, which led the doctors to suspect possible colon cancer over diverticulitis.

The defendant gastroenterologist, Dr. Manuel Alva, did a colonoscopy on Jan. 11, 2013. It showed there was no cancer. However, during the procedure Flores sustained a perforated colon, which led to nearly fatal sepsis, a colostomy for eleven months and later a colonostomy reversal surgery in combination totaled medical expenses of $201,950.

Flores maintained at this jury trial that he refused to undergo the colonoscopy several times but the defendants, the physicians, persisted and persuaded him to do so without fully disclosing the risks and alternatives and thus choosing not to obtain Flores’s informed consent.
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Dawn Arrigoni, 35, went to the emergency room at Woodwinds Hospital complaining of vomiting, fever and abdominal pain. The nurses there attempted to place a peripheral IV but had trouble placing it.

A nurse practitioner then placed an intraosseous (IO) line. An intraosseous infusion line is used in the process of injecting directly into the marrow of the bone to provide a non-collapsible entry point into the systemic venous system of a patient. This method is often used to provide fluids and medication when an IV is not practicable as in this case. The IO line is considered an efficient method to provide intravenous fluids or medication.

Shortly after the IO line was put in place, Arrigoni complained of significant pain for which she was given the pain reliever Dilaudid. Over an hour and a half later, a nurse noted swelling in her lower left leg, which appeared to be pale in color. She continued to complain to the hospital staff of leg pain.
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Rose Newsome received treatment at the University of Illinois Hospital on March 12, 1995 when she alleged that she sustained a brain injury caused by medical negligence. Newsome and her husband, Hatler, hired attorney Zane Smith and his law firm to represent both of them in a medical malpractice lawsuit against the University of Illinois Hospital and several doctors who were involved in her treatment.

The attorney hired Dr. Bruce Livingston to serve as a consulting medical expert to assist with the Newsomes’ case. Dr. Livingston presented a medical consultation agreement that he had drafted and had signed by Smith and the Newsomes whereby Dr. Livingston would have a lien for the total amount of his fees plus any needed attorney fees.

Dr. Livingston was to be paid directly by the attorneys unless ordered otherwise by the court. Should his fee go unpaid, “the parties authorize Livingston to take a default judgment against them for his entire fee plus costs, interest and attorney fees.”
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Dr. Terry Polt was 61 years old when she underwent an embolization procedure to treat her chronic nosebleeds.

An embolization procedure involves the selected occlusion of blood vessels by purposely introducing clots to a blood vessel. Embolization is generally used to treat a wide variety of conditions affecting different organs of the human body. In this case, the attempt was to cure chronic nosebleeds.

After the embolization procedure, Dr. Polt, a family practice physician, suffered an embolic stroke resulting in difficulties with executive function and attention. Dr. Polt was earning $150,000 annually and is now unable to work.
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In 2011, a radiologist with the U.S. Department of Veteran Affairs (VA) missed identifying a cancerous mass in the liver of James Avery Deweese. Before the mass was finally diagnosed as cancerous in 2013, it had nearly doubled in size. Deweese died shortly thereafter.

The family of Deweese — through an administrator of his estate — brought a survival and wrongful-death claim against the United States pursuant to the Federal Torts Claims Act (FTCA). 28 U.S.C. ¶1346(b)(1).

The 8th Circuit Court of Appeals in St. Louis affirmed the district court’s grant of summary judgment for the government holding that although the VA failed to deliver the standard of care in correctly diagnosing and treating Deweese’s cancer, the evidence presented by the Deweese family was insufficient to raise a triable issue of fact as to whether the VA’s negligence proximately caused the plaintiff’s damages and subsequent death.
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A neuropathologist, Dr. Meena Gujrati, and her employer, Central Illinois Pathology, were named as defendants in a medical-malpractice lawsuit brought by Rebecca Gapinski who alleged that this doctor misdiagnosed Daniel Gapinski’s brain tumor as being benign.

Right before the start of the jury trial, Dr. Gujrati requested permission to proceed with a substitution of counsel. The attorneys for the Gapinski family objected, arguing that the motion was tardy because the case had been pending for three years. However, the Gapinski family accepted a compromise, and the trial judge ruled that the defendants could have separate counsel, separate pleadings and separate experts if they were otherwise barred from double-teaming at trial.

The verdict for Gapinski was $1,727,409. On appeal, Dr. Gujrati and Central Illinois Pathology argued, among other things, that the judge erred in barring “dual representation.”
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