Justia Lawyer Rating for Robert D. Kreisman

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A class-action lawsuit brought by a named plaintiff, City of Livonia Employees’ Retirement System, has resulted in a $67.5 million settlement of the class-action lawsuit brought by former shareholders of Wyeth, Inc. The lawsuit alleged that shareholders were misled about the risks associated with the antidepressant, Pristiq.

The settlement was made public on Nov. 9, 2012, one month after Pfizer agreed to pay $164 million to settle a separate lawsuit accusing it of misleading investors about clinical trial results for the arthritis drug, Celebrex.

When the U.S. Food and Drug Administration refused to approve Pristiq to treat “hot flashes” in post-menopausal women until it learned more about the potential for heart and liver side effects, Wyeth share value lost more than $7.6 billion.

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DGK saw her primary care physician, Dr. Raymond Di Pasquo, for recently developed skin lesions. After having seen Dr. Di Pasquo on Nov. 20, 2001, DGK consulted with a dermatologist, Dr. Robert Signore, who biopsied the lesion on her right lateral thorax on Dec. 3, 2001.

The biopsy was sent to Pinkus Dermatopathology Laboratory, where it was interpreted by the defendant physician, Dr. Darius Mehregan.

On Dec. 20, 2001, Dr. Mehregan reported that the specimen was squamous cell carcinoma or a type of skin cancer; a low-grade malignancy believed to have originated from the neck of the hair follicle. This kind of tumor is reported to rarely progress into an invasive squamous cell carcinoma. From there, DGK was referred to a surgeon specializing in chemosurgery for removal of skin tumors.

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A recent Will County jury verdict found Provena St. Joseph Medical Center in Joliet, Ill., and an internal medical doctor responsible for the death of a 43-year-old man. The children of J.E., the deceased, will receive $3.35 million after a jury returned a verdict of $4.5 million to the 43-year-old man’s four children.

J.E.’s children will receive $3.35 million because the family’s attorneys and defense counsel entered into a high/low agreement before the jury’s verdict. The high/low agreement is a way lawyers and clients protect a very high verdict or a very low verdict by agreeing in advance that the ceiling will be one amount and the floor another.

The attorney for J.E.’s children was William Cirignani, a partner of Cirignani Heller and Harman, who represented the estate.

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Since the middle of this decade, there have been repeated inquiries into the untimely deaths of nursing home residents caused by being trapped or strangled in bedrails. Bedrails are installed in many cases for those nursing home residents who are infirm, suffering from dementia or have a tendency to wander.
The evidence is abundant that the elderly are suffering grave injury and deaths at an alarming rate, mostly in nursing homes, assisted living facilities and at hospitals.

Both the Consumer Product Safety Commission (CPSC) and the Food and Drug Administration (FDA) have been involved over these years in investigating deaths related to bedrails. Unfortunately, little has been done to force manufacturers and companies who distribute these bedrails to change the way they are utilized.

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More Yasmin birth control lawsuits have made their way through the court system against the manufacturer Bayer. According to a recent report, Bayer has settled many cases and paid a reported $402 million setting aside another $600 million for future settlements. Approximately 11,000 lawsuits have been filed in the federal multidistrict litigation consolidated in the Southern District of Illinois.

Some of the lawsuits brought by injured plaintiffs are for blood clots while others claimed gall bladder problems.

Bellwether trials, those cases found to be most meritorious, were scheduled to go to trial early in 2012. But the parties instead wanted to mediate cases resulting in settlements in at least some of them. Other settlements have been reached in blood clot lawsuits, but there have been no settlements of gall bladder claims.

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GlaxoSmithKline has settled with 38 state attorney generals for $90 million in connection with its unfair and deceptive promotion of a diabetes drug, Avandia. Illinois Attorney General Lisa Madigan and Oregon Attorney General Ellen Rosenblum led the way in the allegations that GlaxoSmithKline marketed its brand-name medication, Avandia, to treat Type 2 diabetes.

The attorney generals alleged that GlaxoSmithKline misrepresented the drug’s safety or left out facts about its effects on cholesterol and cardiovascular health.

“Our investigation demonstrated that GlaxoSmithKline had little regard for the facts or for the health and safety of the patients it targeted with its misleading marketing,” Illinois Attorney General Madigan stated.

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In June 1991, Amanda Eckstein was born at Good Samaritan Hospital and delivered by defendant and obstetrician, Martin Gallo, M.D. In the plaintiff’s complaint, it was alleged that Dr. Gallo should have ordered a Cesarean section rather than a vaginal delivery with forceps. Ms. Eckstein alleged that there was evidence of her fetal distress on the fetal monitor strips, which should have prompted Dr. Gallo to order the C-section.

However, with the vaginal delivery, Amanda’s shoulder was hung up and caused shoulder dystocia, which lasted for approximately 5 minutes. Shoulder dystocia occurs in the delivery room when a child’s head is delivered, but the shoulder gets caught on the mother’s pelvis. Amanda was born without a heart rate and no respiratory rate for more than 5 minutes.

It was contended by Amanda that she had been without oxygen and suffered a permanent brachial plexus injury/Erb’s palsy to her left shoulder because of the doctor’s negligence. Erb’s palsy is nerve damage or resulting weakness to the baby’s upper group of the arm’s nerves.

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A jury has found that a skilled nursing home was negligent in choosing not to detect a dislocated right hip of one of its residents. One of the patients, P.G., 85, was admitted to the nursing home on a short-term basis following her right hip replacement surgery. P.G. was a fall risk, meaning she was noted in the records to be at greater risk of falling on scale. The practice of assessing nursing home resident’s propensity for falling is standard practice and required.

About two weeks after admission to the skilled nursing unit, the resident’s sister came to visit and noticed that her sister, P.G., was in pain and unable to bear weight on her leg. It was then that an X-ray showed P.G.’s dislocated right hip.

As a result, emergency surgery was required to remove P.G.’s hip prosthesis from her earlier hip replacement. P.G. was confined to a wheelchair for several months until she was able to undergo the revision surgery. Recovery has been slow, and P.G. has not been able to return to her home.

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The Missouri Supreme Court has found that the statute that limits noneconomic damages in medical malpractice cases to $350,000 unlawfully infringes on a jury’s constitutional right to determine the amount of damage that a person has sustained from medical negligence.

In this Missouri case, Deborah Watts filed suit for medical negligence against the hospital and others alleging that her son suffered catastrophic brain injuries because of hospital and medical providers’ negligence. Ms. Watts went to Cox Medical Center at 39 weeks of pregnancy after she felt cramping and decreased fetal movement. No diagnostic tests were completed, and she was sent home. When she returned two days later, she was this time placed on a fetal heart tracing monitor. More than an hour later, her son Naython was delivered by Caeserean section. Unfortunately, Naython suffered catastrophic brain injuries.

The jury awarded $1.45 million in noneconomic damages and $3.371 million in future medical damages. However, because of the Missouri statute capping noneconomic damages, the trial judge reduced the noneconomic award to $350,000. Ms. Watts appealed, arguing that the statute violates the right to trial by jury and other violations of the state constitution.

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On June 12, 2006, 35-year-old Tracy Ariss underwent an echo-cardiogram stress test at LaGrange Memorial Hospital after a workup for carpal tunnel pain in her arms was found to be inconclusive. Less than 3 minutes into the stress test, Tracy suffered a myocardial infarction — a heart attack. She was immediately taken off the treadmill and treated with nitroglycerin, aspirin and other medicine.

The defendant Rod Serry, M.D., an interventional cardiologist, was called from the cath lab. Even though Tracy did not believe that she was pregnant, Dr. Serry ordered a pregnancy test. Tracy was about 2 ½ weeks pregnant. Her pregnancy complicated her medical treatment in that Dr. Serry did not know any other cardiologists who had performed a cardiac intervention on a pregnant woman after suffering a heart attack.
Dr. Serry called an obstetrician seeking help as to the proper course of treatment. The obstetrician told Dr. Serry that he should make medical choices for the mother as the primary concern. At the trial, Dr. Serry testified that the OB also stressed to him not to prescribe anticoagulants or other medicine long-term during pregnancy. However, this was not noted in the medical chart.

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