Justia Lawyer Rating for Robert D. Kreisman

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In this confidential settlement, a 13-year-old girl was sent to the hospital after she was involved in an automobile accident. She underwent an abdominal CT scan with contrast, which revealed a lacerated spleen with free fluid. The girl was referred to as “Doe” in this case for the purpose of maintaining confidentiality. Doe was transferred to a local hospital. An emergency room physician there reviewed the CT images with the radiologist. A pediatric surgeon also saw the scans.

Doe’s vital signs continued to worsen, and she complained of abdominal pain. A nurse notified the on-call resident of the worsening condition. This doctor diagnosed fluid shifting and ordered IV fluid and morphine.

The next morning a trauma surgeon ordered emergency surgery. Doe suffered a heart attack and required resuscitation before the procedure, which revealed a necrotic bowel resulting from the seatbelt injury in the automobile crash. Doe was then transferred to the ICU where she suffered a heart attack and died. The cause of death was determined to be septic shock resulting from seatbelt-related intra-abdominal injuries. Continue reading

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April Mendel, 52, underwent a laminectomy done by orthopedic surgeon Dr. Eric Williams. Dr. Williams was assisted by an orthopedic surgery resident, Dr. Andrew Beaver.

Several days after being discharged from the hospital, she called Dr. Williams’s office complaining of fever and drainage at the wound site. A member of Dr. Williams’s staff told Mendel to see the doctor the next day or go to the emergency room.

She went to a second hospital where she was diagnosed as having a wound infection. After being contacted regarding her condition, Dr. Williams ordered a transfer to different hospital at 6 p.m. By noon the next day, Mendel was transferred to a different hospital where 6 hours later she underwent surgery to treat an abscess in her lumbar spine. Despite the surgery, she suffered a permanent spinal cord injury that has left her with paraplegia, paralysis of her lower limbs.

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Lauren Readler, 2, was taken to the emergency room because she was vomiting and had severe stomach pain. She had not had a bowel movement for two days.

Lauren was given Zofran. Her parents were told to follow up with her pediatrician. Lauren’s symptoms persisted. She was returned to the emergency room at the same hospital. Lauren then underwent an X-ray and was diagnosed as having a gastrointestinal problem.

The emergency department physicians recommended that Lauren be transferred to a different hospital.

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This confidential settlement took place because of the death of a 62- year-old man who had a long history of smoking. He was also obese. The patient, who we will call Mr. Doe, suffered lethargy, a fever and general weakness, and he also had sharp chest pain for two days. He went to a hospital emergency room. It was there that he underwent testing that included an EKG. The report on the EKG was normal.

Mr. Doe was diagnosed as having a virus, and he was discharged with instructions to follow up with his primary care physician.

Three days later, he suffered tachycardia, which is shortness of breath and chest burning. Mr. Doe was taken to the hospital where an EKG showed evidence of myocardial infarction, a heart attack. Before he could be transferred to a different hospital, he died. He was survived by his wife.

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Myrna Rawdin underwent an MRI to rule out a brain tumor. She was 63 years old at the time. The MRI results showed no tumor, but it did not rule out a transient ischemic attack (TIA).

Over one year later, when she experienced lightheadedness, garbled speech and headaches lasting three days, she consulted her internist, Dr. Mark Real. Dr. Real diagnosed impacted earwax and irrigated Rawdin’s ears.

At the end of the same month, she suffered a massive stroke that left her with left-sided weakness, including foot drop and almost no use of her left arm. She continues to require weekly physical therapy and is confined to a wheelchair.

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Paul Bartholomew, 73, had a history of prostate cancer and placement of an inferior vena cava (IVC) filter to protect him from blood clots. Ten years after receiving the IVC filter, he reported he had blood in his urine. When he saw his family physician, Dr. Ina Itzkovitz, she prescribed an antibiotic and ordered testing to rule out cancer.

Bartholomew returned to Dr. Itzkovitz complaining of the new onset of low back pain, bilateral leg stiffness, fatigue and low blood pressure. Dr. Itzkovitz ordered an X-ray, diagnosed arthritis and prescribed pain medication.

Just two days later, he died. The cause of death was determined to be internal bleeding caused by a damaged IVC vein which came on by an eroded IVC filter. In the lawsuit that was filed, the doctor was alleged to have misdiagnosed those symptoms. Bartholomew was survived by his four adult children.

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Perry Pace was seven weeks old when he experienced viral symptoms, including chronic diarrhea and frequent vomiting for one week. Perry was transported by ambulance to a hospital emergency room where he was seen by an emergency physician, Dr. Patrick Hawley. The doctor examined Perry and diagnosed a viral infection before discharging the baby with instructions to take Pedialyte and instructed Perry’s mother to let the virus run its course.

Three days later Perry died as a result of dehydration. The child is survived by his mother. Ms. Barker, who sued Dr. Hawley alleging he chose not to diagnose and treat Perry’s early dehydration. Ms. Barker asserted that Dr. Hawley spent only five minutes with Perry and chose not test his blood and urine, administer IV fluids or consult the paramedics, who observed Perry as having lethargy and impaired respirations during his transport to the emergency room.

Ms. Barker also sued the hospital claiming liability for its nurse’s failure to recognize Perry was mildly dehydrated or at risk for dehydration, chose not to take an adequate history and go up the chain of command when Dr. Hawley chose not to run a fluid challenge test.

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On Aug. 17, 2012, 66-year-old Maria Giotta underwent an outpatient CT scan with contrast at the Presence Resurrection Hospital. She began to experience an adverse reaction to the contrast solution during the scan, but the CT technician chose not to recognize or appreciate her dilemma. The CT technician discharged her from his care despite the fact that she was still hot, flushed and dizzy.

Just moments after she left the radiology department she experienced a fainting episode in the hospital hallway and collapsed to the floor landing on her left hand. Giotta sustained displaced proximal phalanx fractures of all four fingers on the left hand, two of which were open fractures requiring emergency open reduction internal fixation and six months of physical therapy. She had expended $32,340 for medical expenses. She continues to have permanent left hand stiffness, pain and limited grip strength.

Her attorneys, Michael S. Fiorentino and Samantha L. Israel, represented her and made a demand before trial of $395,000. Giotta’s attorneys asked the jury in closing argument to return a verdict of $1.6 million. The only offer made by the hospital to settle this case was $75,000.

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A trial judge in Jackson County, Ill., refused to follow the case law found in Stanton v. Rea, 2012 IL App (5th) 110187 when calculating the amount of the hospital’s lien amount. In the case of Alma McVey, who was injured after a waitress dropped a tray of drinks on her foot, the issue was how much Memorial Hospital-Carbondale would receive for its $2,891 medical services bill still unpaid.

McVey settled her personal-injury case against the waitress’s employer for $7,500. Under Stanton, attorney fees and litigation expenses should have been deducted from the settlement before calculating the hospital’s share of the settlement. The judge in the McVey case ruled that McVey’s attorney was entitled to $2,250; the hospital would receive $2,500 and the remaining $2,750 would go to the plaintiff, McVey.

The Illinois Appellate Court for the 5th District reversed that ruling, concluding that “the trial court erred in refusing to follow Stanton and begin calculations after the settlement has been reduced by attorney fees and costs.”

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On May 21, 2015, the Illinois Supreme Court affirmed a general rule as a matter of law with respect to suicide. Maria Turcios brought a wrongful death lawsuit based on her husband’s suicide. The lawsuit alleged that it was caused by the defendant’s intentional infliction of emotional distress.

The lawsuit was filed against DeBruler Company as the agent for Colonial Park Apartments. Her husband was Nelsyn Caceras, who was also known as Ricardo Ortiz. The plaintiff alleged that she and her family had suffered through many efforts by the defendant apartment complex to throw the family out of their apartment stating that the building was being demolished. In fact, the apartment building was torn down.

The Supreme Court reviewed de novo the trial judge’s grant of the defendant’s motion to dismiss plaintiff’s wrongful death and survival claims. The Illinois Appellate Court vacated the order and remanded the case. The Supreme Court reversed and reinstated the dismissal order.

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