Justia Lawyer Rating for Robert D. Kreisman

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During an endoscopy procedure at a surgery center, Nicholas Merlo’s oxygen saturation declined. A surgery center employee called 911. Emergency medical crews from American Ambulance arrived. Merlo was intubated and transported to the nearest hospital.

Enroute to the hospital, paramedics in the ambulance allegedly noted that Merlo had no breath sounds on one side and that his oxygen levels had dropped. Multiple attempts to reintubate Merlo in the back of the ambulance were unsuccessful.

When Merlo did arrive at the hospital, he suffered cardiac arrest. That lack of oxygen resulted in hypoxic brain damage. Merlo, 39, is now in a permanent vegetative state.
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Lonnie Kersey had a family history of prostate cancer. He took Avodart to treat benign prostatic hyperplasia. His treating internist, Dr. Michael Pisano, allegedly ordered lab work in 2012 and 2014, including a prostate-specific antigen test (PSA).

The following year, Dr. Pisano allegedly ordered another PSA, which showed a value of 3.0 ng/mL, nearly triple the previous results.

Dr. Pisano ordered further testing two years later, at which point Kersey’s PSA was significantly elevated at 203.3 ng/mL. This led to a biopsy and diagnosis of Stage IV prostate cancer.
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When Linda Smith began experiencing abdominal pain, bloating and diarrhea, she consulted a gastroenterologist. The doctor ordered a CT scan. It was interpreted by a radiologist, Dr. Jonathan Foss, showing an unremarkable pancreas.

Approximately two and a half years later, Smith read through the radiologist’s addendum to her medical chart, which showed that she had a pancreatic mass. An MRI was recommended for her.

Smith was subsequently diagnosed as having metastatic pancreatic cancer, which required chemotherapy and surgery. Despite undergoing treatment, Smith died at the age of 56. She was survived by her husband and four adult children.
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Janice Ferguson-Jean, 36, was seen at the Kings County Hospital Center emergency room. After being treated there for elevated blood pressure, she was discharged and instructed to follow up at a clinic.

The following week, she was rushed back to the hospital and admitted for treatment of elevated blood pressure. After being treated for eight days, Ferguson-Jean died. She had been studying to become a teacher in the United States Virgin Islands and was survived by her husband and 12-year-old daughter.

The Ferguson-Jean family sued the hospital’s owner and operator, alleging that it chose not to diagnose and treat ischemic heart disease, which was a cause of her death. The defendant denied liability and responsibility.
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With several other physicians, cardiologist Dr. Roy Venzon attended to Laura Staib, 39. While she was in the hospital, Staib was diagnosed as having congestive heart failure, pneumonia and sepsis. She remained hospitalized until she was transferred to a long-term care facility the following month. Four days after that transfer, Staib died. She was survived by her husband and two minor children.

The Staib family sued Dr. Venzon and his practice, alleging that he chose not to properly diagnose her cardiac condition and should have prevented her transfer to the long-term care facility until she received a proper workup.

The Staib family attorneys argued that in light of Staib’s worsening condition, Dr. Venzon, the cardiologist, should have done more to determine the cause of her heart failure. The Staib family attorneys argued that a virus attacked her heart, which was the cause of her untimely death.
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Rita Epps, 63, went to the Southside Regional Medical Center emergency room. While at the hospital, Epps underwent testing, which showed she was suffering from acute kidney failure. She was admitted to the hospital; the hospitalist ordered a nephrology consultation with the on-call nephrologist.

Dr. Sajid Naveed, the on-call nephrologist, said he did not receive that order. The same night, Epps was given additional pain medication. Testing showed that she was suffering from severe acidosis. Dr. Naveed ordered additional bicarbonate but did not come to the hospital or order emergency dialysis, which apparently was desperately needed.

Early the next morning, Dr. Naveed came to the hospital and ordered renal replacement therapy. After Epps had a catheter inserted, she suffered cardiac arrest, which led to her untimely death several days later. Epps was survived by her husband and three adult children.
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Ms. Doe, 48, was admitted to a hospital where blood work showed several severe abnormalities. Nonetheless, Dr. Roe, the hospitalist overseeing Ms. Doe’s care, discharged her. Ms. Doe’s condition worsened, and she returned to the hospital. She was diagnosed with leukemia and was then transferred to another hospital, where she was diagnosed with lymphoma.

Ms. Doe died two weeks after she first presented to the hospital. She was survived by her husband and five children.

The lawsuit against the hospitalist and others alleged medical negligence and wrongful death. The Doe family claimed that the hospitalist should not have discharged Ms. Doe in light of her abnormal blood work. It was also alleged that the defendant chose not to provide the correct diagnosis of lymphoma. Lymphoma was the cause of death listed on Ms. Doe’s death certificate.
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A federal trial judge has upheld a $6.2 million award by the presiding trial judge for a man permanently disabled because of medical negligence at a veteran’s hospital even though the man died three days after the judgment.

Wesley Jordan’s daughter and state administrator, Katherine J. Henry, sued the United States under the Federal Tort Claims Act (FTCA) under an agency theory for medical negligence for injuries Jordan sustained from cardiac bypass surgery that went wrong.

Jordan was then 61 years old when he was admitted to Edward Hines Jr. Veterans Administration Hospital in Cook County, Ill., complaining of difficulty breathing and moving.
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Toni Marie Overmyer, 44, underwent a robotic hysterectomy at Swedish Hospital. After she was extubated in the operating room, the attending CRNA (Certified Registered Nurse Anesthetist) allegedly noticed that Overmyer was not breathing properly. She was placed back on a monitor, which showed that Overmyer had bradycardia, in other words, a slower than normal heartbeat. The CRNA then began bag mask ventilation and administered vasopressin and ephedrine, which was designed to increase Overmyer’s heart rate and blood pressure.

The efforts to restore heart rate and blood pressure failed.

An anesthesiologist arrived and noted that Overmyer was flaccid, had dilated pupils, and had a systolic blood pressure of 54 mm/Hg. The doctor called a code, and Overmyer was reintubated. Although her blood pressure and heart rate normalized quickly, she suffered anoxic brain injury and did not regain consciousness. Unfortunately, Overmyer died eight days later and was survived by her two adult children.
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On appeal from a trial court decision, the Illinois Appellate Court answered that the circuit court abused its discretion and denied the plaintiff a fair trial by refusing to issue a non-pattern jury instruction. The instruction was about the loss of chance doctrine and a pattern jury instruction on informed consent in a wrongful death and medical malpractice case.

The appellate court answered that question in the affirmative and reversed the circuit court’s judgment in part and remanded the case for a new trial against certain defendants. However, on appeal to the Illinois Supreme Court, the appellate court was reversed in part and affirmed the circuit court’s judgment in its entirety.

This case involved the death of Joe M. Milton-Hampton; his case was brought by Joe M. Bailey, administrator of the estate. The medical malpractice case was filed in Cook County against the defendants, Mercy Hospital and Medical Center and several doctors and a nurse.
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