Justia Lawyer Rating for Robert D. Kreisman

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Ana Pereira, 29, was admitted to Monmouth Medical Center where she was diagnosed as having a kidney stone and renal colic. Her condition continued to deteriorate. Blood cultures were positive for bacterial growth by noon of the next day. Pereira underwent a successful procedure to drain her kidney after one failed attempt. However, she developed sepsis.

As a result of the sepsis, Pereira fell into a coma for 5 days and suffered a loss of peripheral circulation. Because of the lack of circulation, bilateral leg amputations and the removal of her left hand at the wrist were necessary.

Pereira sued four physicians who treated her at the medical center alleging negligent treatment of the kidney stone. She also alleged that an on-call urologist chose not to timely report to the hospital when the facility notified his employer of her condition. Pereira claimed that the employer of the urologist had contracted to handle emergency calls from the hospital despite the one-hour driving distance between the practice and the hospital, which precluded a medically acceptable response time.
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Nakeyia McMichael, a 33-year-old nurse, was hospitalized for treatment for a cerebral edema. Just 18 months later she returned to the hospital’s emergency room complaining of head pain, nausea and vomiting.

Two hospital emergency department residents and the defendant, Dr. John Pakiela, an osteopath employed by General Emergency Medical Specialists, diagnosed her with a migraine headache and discharged her with medicine. The very next day, she became unresponsive and died. The cause was determined to be brain herniation resulting from the cerebral edema or brain swell. McMichael was survived by her husband and three minor children.

The McMichael family sued Dr. Pakiela and his employer alleging that he failed to refer her to a neurologist for further workup. The McMichael family claimed that in light of her medical history, Dr. Pakiela should have reviewed her medical records before discharging her and should have considered cerebral edema as a possible cause of her renewed symptoms. The doctor should have ruled out the most deadly and dangerous of illnesses or conditions.

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Andrea Tate was 57 when she underwent surgery to remove a noncancerous tumor at the Hospital of the University of Pennsylvania. After the surgery, the staff at the hospital administered Heparin to prevent blood clots. Tate’s coagulation rate was measured using an activated partial thromboplastin time (APTT) test.

Over the next six days, four consecutive APTT tests revealed that Tate’s coagulation was moving from the low end of the normal range to the high end of normal. As a result, the hospital staff stopped doing the test.

Days later, Tate suffered a catastrophic brain bleed. Previously a financial services project manager earning $100,000 a year, she is now paralyzed in her right leg and on her left side. She is mostly confined to bed and requires 24-hour care provided by her husband, who has left his job to take care of his wife.
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Annabelle Glasgow, who was 71 years old, suffered from diabetes, hypertension and congestive heart failure. She was admitted to Temple University Hospital to undergo bilateral total knee replacements to be done by orthopedic surgeon Dr. Easwaran Balasubramanian. She developed pain at the incision site, swelling and drainage. In spite of these conditions, she was discharged from the hospital within 3 weeks after the bilateral total knee replacements.

After a follow-up appointment with Dr. Balasubramanian, she underwent an irrigation and debridement of her right knee. The cultures taken from that procedure revealed that she had a bacterial infection. She continued to have excessive drainage in the right knee and developed a pressure ulcer on her right heel.

The pressure sore required another hospitalization and several procedures, which included skin grafting, incision and drainage to address her wound.
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This case arises out of an appeal taken after the Circuit Court of Cook County judge entered judgment on the verdict in favor of Dr. John Pantano and Suburban Lung Associates, S.C. in a medical malpractice action. The lawsuit, brought by the special administrator of the Estate of Viola Morrisroe, claimed that her death occurred after a bronchoscopy during which biopsies were performed by Dr. Pantano. It was asserted that the trial judge was in error for (1) barring Morrisroe’s expert from utilizing two CT scans during his testimony to demonstrate that the size of a mass in her lung had not increased in size; and (2) sustaining defense counsel’s objections to certain statements in plaintiff’s counsel’s closing argument relating to informed consent claim.

In 1999, Morrisroe was diagnosed with chronic obstructive pulmonary disease (COPD) and emphysema by pulmonologist Dr. Edward Diamond who was the president of Suburban Lung Associates, S.C. Her medical condition was monitored by Dr. Diamond and, in 2006, she began obtaining routine CT scans. In February 2009, a CT scan of her lungs indicated a new mass had formed in the upper right lobe. Dr. Diamond ordered further testing in the form of a PET scan. The PET scan indicated that, while unlikely, cancer could not be ruled out. Dr. Diamond discussed the results of the scans with her and recommended that another CT scan be performed in four months.

By 2009, Dr. Diamond’s examinations found that Morrisroe’s lung function had significantly decreased. While her lung function was at 40% in the beginning of the year, by the summer her lung function was only 26%, prompting Dr. Diamond to downgrade her COPD from “severe” to “very severe.”
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Sandra Hernandez, 46, underwent a laparoscopic hysterectomy performed by the defendant obstetrician/gynecologist, Dr. Joseph Thomas. The surgery was done at Trinity Hospital in Chicago on March 31, 2010.

During the surgery, Dr. Thomas’s placement of a laparoscopic trocar resulted in lacerations to the iliac artery, iliac vein and small bowel. The iliac arteries are three arteries located in the region of the ilium in the pelvis. The three arteries are the common iliac artery, the external iliac artery and the internal iliac artery. These vessels are located in the pelvic area of the body.

After the lacerations, Hernandez suffered severe abdominal bleeding with massive blood loss leading to cardiac arrest and a call for a code blue resuscitation. Extensive amounts of blood products were administered after which surgery was completed to repair the small bowel and blood vessels.
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The appeal to the Illinois Supreme Court arose from the Circuit Court of Peoria County, which granted the motion of the defendants, Dr. Clarissa Rhode and Central Illinois Radiological Associates Ltd. The plaintiff — Randall Moon — filed a complaint under the Illinois Wrongful Act (740 ILCS 180/1, et seq.) and the Survival Act (755 ILCS 5/27-6). The complaint was dismissed as time-barred. The Illinois Appellate Court affirmed the dismissal and held that the two-year statute of limitations for filing the complaint began to run at the time of the decedent’s death and not after the plaintiff discovered defendants’ alleged medical negligence.

On May 18, 2009, Randall Moon’s mother, 90-year-old Kathryn Moon, was admitted to Proctor Hospital in Peoria, Ill., for rectal prolapse. On May 20, 2009, she underwent a perineal proctectomy. During her hospitalization, she experienced numerous complications including labored breathing, pain, fluid overload, pulmonary infiltrates, pneumoperitoneum, sepsis and an elevated white blood cell count.

On May 23, a CT scan of her chest and abdominal area was ordered. Dr. Rhode, a radiologist, read the CT scans on May 24, 2009. Randall W. Moon, who is Kathryn Moon’s son and the plaintiff in this case, returned from out-of-state to his mother’s bedside on the evening of May 27, 2009. Her oxygen levels had significantly dropped and she was not awake or responsive. Two days later she died in the hospital.
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The Illinois Supreme Court has agreed to accept for consideration a case appealed from the Illinois Appellate Court for the 1st District stating that this is a case of first impression. The case of Sheri Lawler v. The University of Chicago Medical Center was decided early this year, reversing a Cook County judge’s decision that disallowed an amendment to the medical malpractice lawsuit for wrongful death.

In the appellate court decision, the court held that the plaintiff’s estate was allowed to add new wrongful-death claims even after the statute of repose had expired.

The original lawsuit was brought by Jill Prusak who sued The University of Chicago Medical Center and Advocate Christ Hospital and a doctor and some others for medical malpractice in August 2011. It was claimed that the doctors and hospitals misdiagnosed her central nervous system lymphoma, a tumor affecting the brain or spinal cord as a macular pathology, which is a condition in a patient’s retinas.
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Betty Spotts fell and fractured her pelvis at her home on Feb. 10, 2011. The fracture required surgery at Ingalls Memorial Hospital. She was transferred to the defendant Providence Health Care in South Holland, Ill., on Feb. 14, 2011. Providence Health Care was supposed to provide a course of rehabilitation, including physical therapy and occupational therapy.

Just days after her admission to Providence Health Care, she began exhibiting symptoms of low oxygen levels (hypoxia) including shortness of breath, allegedly indicative of pulmonary emboli. Spotts was 81 years old.

Her symptoms got worse on Feb. 21, 2011, at which time a pulmonary embolism was diagnosed. She was readmitted to Ingalls Memorial Hospital where treatment was ultimately unsuccessful. She died on Feb. 22, 2011 survived by two adult children.
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Johnna Hunt, 40, underwent an outpatient hysteroscopic D&C that was performed by an obstetrician, Dr. John Kaczmarek. She returned home after this procedure and began to hemorrhage. She was admitted to a local hospital and was diagnosed as having a perforated uterine wall and arterial injuries.

Hunt required a hysterectomy and now suffers from scarring, pain and emotional distress as a result of the injuries she sustained. She filed a medical negligence lawsuit against Dr. Kaczmarek and his medical practice claiming that the doctor chose not to recognize that during the procedure he had not entered her endometrial cavity, negligently perforated her uterine wall and chose not to diagnose this intraoperatively and failed to treat intraoperative bleeding. The lawsuit did not claim any lost income.

The jury entered a verdict in favor of Johnna Hunt in the amount of $500,000. Hunt’s attorney was Timothy P. Pothin.
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