Justia Lawyer Rating for Robert D. Kreisman

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A Will County jury has found that a stroke suffered by the son of Kathy Nakamura was not preventable by anticoagulant treatment by his physicians. In this medical-malpractice lawsuit, it was alleged that several physicians chose not to treat the medical conditions of Kathy Nakamura’s son, Joseph Welsh, which led to his suffering two strokes in five months. He was left with severe mental deficiencies after the second stroke in April 2009.

Welsh was admitted to Edward Hospital in Naperville, Ill., in November 2008. He was seen by neurologist Konstantine Dzamashvili, M.D. and Rizwan Bajwa, M.D. after he suffered a stroke caused by a blood clot in his brain. Welsh had a history of smoking and hypertension and cholesterol issues. The doctors believe that the blood clot came from somewhere in his neck or his brain stem. They tested Welsh for atherosclerotic heart disease; the test came back negative. When imaging tests were done, it showed that Welsh had a membrane open between the right and left sides of his heart.

Welsh was also tested for Factor V Leiden thrombophilia, which is a hereditary disorder that can increase the risk of blood clots in the veins.

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Mary Leemputte came to the emergency room at Northwest Community Hospital in Arlington Heights, Ill., in April 25, 2011. She was admitted to this hospital suffering from severe abdominal pain, urinary tract infection, tachycardia or rapid heart rate and an elevated white blood cell count, which often is associated with an infectious process.

She had a history of chronic constipation and was diagnosed with a large bowel obstruction after a CT scan showed a large bulging at the site of a previous colon resection and anastomosis done in 2007.

One of the defendants, Dr. Jonathan Wallace, provided a surgical consultation that night. The doctor observed that her cecum was dilated as he reviewed the CT scan, determined her clinical presentation did not require immediate surgical intervention and ordered additional tests for further evaluation to take place the next morning.

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Danielle Reardon underwent endoscopic sinus surgery with bilateral septoplasty at Tinley Woods Surgery Center in Tinley Park, Ill., on Dec. 7, 2005. The surgery was completed by the defendant, Dr. Joseph Gavron, who is an otolaryngologist. Dr. Gavron was to treat Reardon’s chronic pansinusitis and deviated nasal septum. At the end of the surgery, Dr. Gavron packed her nose with gel, foam and gauze soaked in a topical antibiotic. No oral post-op antibiotics were prescribed by Dr. Gavron.

She experienced what were described as unbearable headaches while recovering the next day. With no relief from the headaches, she took two doses of Vicodin. Continuing with the unbearable headaches, Reardon called 911 and was transported by ambulance to Christ Hospital in Oak Lawn, Ill., where she given two doses of morphine and the antibiotic Unasyn.

She later became unresponsive with an altered state of consciousness. She was then treated empirically with broad spectrum antibiotics for bacterial meningitis.

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Thirteen-year-old Doe became ill and developed a high fever. Doe’s mother brought him to a Kaiser Permanente Urgent Care facility where Doe underwent testing. Before all the tests were returned, Doe was discharged and told to see his primary care physician in a week or two. It was revealed that one of the tests indicated a high sedimentation rate. There was no follow-up regarding this test result.

Doe’s condition worsened over the next week. He was brought into a hospital emergency room where testing showed lesions on his brain. Doe suffered a stroke during surgery, which necessitated another surgery as well as physical therapy and other treatment.

Fortunately, Doe has made a complete recovery. Doe sued Kaiser Foundation Health Plan alleging that it chose not to timely diagnose the sinus infection.

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Business owner Kevin Orr, 42, went to a hospital emergency room complaining of dizziness, headache and inability to stand. A CT scan, interpreted by the radiologist and defendant, Dr. James Bell, showed blockage of blood vessels supplying blood to Orr’s brain. However, this was not reported by the physician’s assistant who ordered the scan.

Dr. Bell concluded that the CT scan was normal and showed only sinusitis. Orr was diagnosed as having a sinus infection and was then discharged.

Orr returned to his primary care physician’s office in the next two weeks and reported vomiting and headaches. The physician’s assistant again diagnosed sinusitis. Three weeks after Orr’s emergency room visit, he suffered a massive stroke resulting in permanent disability, including impaired gait, facial pain and tingling, and arm and leg numbness.

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John Doe, 48, had a history of hypertension, high cholesterol and smoking. When he experienced shortness of breath and chest tightness, he went to a local hospital emergency room where he underwent an EKG.  Dr. Roe, an emergency room physician, allegedly interpreted the EKG as “fairly normal” and instructed Doe to see his primary care physician as soon as possible and then obtain a cardiac consultation.

Two days later, Doe returned to the emergency room after suffering acute chest pain. Tests revealed an acute thrombus of the left anterior descending coronary artery and other cardiac disease.

Although Doe underwent an angioplasty and stenting, Doe died several months later of organ failure. He had been a corporate controller earning $117,000 per year. Doe was survived by his wife.

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In a recent article appearing in the Harvard Law Record, the title of the article says it all: “Civil Trials Are Fast Becoming Extinct.”  Civil jury trials and bench trials have seen a dramatic decline since 1986. This trend has followed in both state and federal courts and includes criminal cases as well.

The article, written by Frank J. Riccio D.M.D., J.D., wrote that there are no reasons why civil jury trials have become so infrequent. Some say that the Rules of Civil Procedure have encouraged lawyers and clients to engage in pretrial discovery in attempts to settle cases rather than prepare cases for trial. The trend began in the late 1980s when liberal discovery rules went into effect, although the decline began years before.  Nothing particular happened that made trying jury cases more expensive than in the past.

The jury trial decline in federal courts coincides with the Supreme Court’s 1986 decisions instructing trial courts to grant summary judgments unless the plaintiff proves the probability of the allegations.

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Mr. Doe, age 48, was diagnosed with prostate cancer. He underwent laparoscopic bilateral lymph node dissection surgery by two HMO urologists. During this surgery, the obturator nerve was severed, which left Mr. Doe unable to control his right leg. He was unable to continue in his job as a grounds maintenance worker. He has lost $5,000 in income. He now works at a less strenuous job for the same salary.

Mr. Doe sued the HMO claiming its urologists negligently performed the laparoscopy. The lawsuit specifically claimed that the doctors chose not isolate and protect the nerve while trying to remove the lymph node packet and chose not reattach the nerve after it was transected.

The defendants argued that the injury to the obturator nerve is rare.  They also maintained that severing that nerve is a known complication of this surgery. Before trial, the parties settled confidentially.

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A Georgia Appellate Court has held that a physician who chose not to timely diagnose an injury postoperatively was not the act that began the running of the statute. Instead, the court ruled that the statute began to run from the time of the patient’s later follow-up office visit.

Laura Woodley Danson underwent a laparoscopic hysterectomy that was done by Dr. Dominique Smith, an obstetrician. She experienced symptoms, including stomach pain, after the surgery and complained about this in her postoperative visits with Dr. Smith.

Dr. Smith misdiagnosed the symptoms as a bladder infection and said too much gas had been used during her hysterectomy. Danson consulted another physician who diagnosed a kidney obstruction caused by the hysterectomy and an injured bladder.

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Not-for-profit hospitals are tax exempt. Seven of the ten most profitable U.S. hospitals are nonprofit, according to new research. One hospital, located in Urbana, Ill., is involved in a contentious court battle. The decision could determine whether medical facilities are paying their fair share of taxes.

According to this study, delivery of patient care was a money-loser for 55% of hospitals in 2013, which was the year the study was done. About one-third of these hospitals made some money, up to $1,000 per patient. About 12% of those in the sample research group made more than $1,000 per discharged patient. The highly profitable hospitals were mostly for-profit corporations. In this group were Medical City Dallas Hospital in Texas and Swedish Medical Center in Englewood, Colo.

The not-for-profit hospital Carle Foundation Hospital in Illinois claimed tax exemption, but state appeals court in January 2016 ruled Illinois law allowing hospitals to avoid taxes is unconstitutional.

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