Justia Lawyer Rating for Robert D. Kreisman

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A Cook County circuit court returned a $3.76 million verdict in the case of Estate of Michael Hamilton v. Excell Emergency Care, LLC, et al., No. 07 L 6654. The Cook County medical malpractice alleged that the decedent, Michael Hamilton, would still be alive if not for the preventable emergency room errors committed at St. James Hospital.

Hamilton presented to the emergency room at St. James Hospital in Chicago Heights complaining of abdominal pain. Hamilton had been at work in a local paint factory when he began feeling dizzy, sweaty, nauseous, and having severe chest pains. Co-workers reported that he was pounding his chest with his fist and laying down in extreme pain. They called an ambulance and he was rushed to the emergency room.

However, by the time that Hamilton presented to the emergency room his severe pains had diminished substantially. Jose Almeida, M.D., the emergency room physician treating Hamilton, failed to document the details of Hamilton’s symptoms and pain at work. Therefore, rather than investigating the cause of Hamilton’s severe pain, he was simply diagnosed with abdominal pain and sent home with no further instructions.

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When dealing with emergency situations, oftentimes minutes can make a difference in the patient’s outcome. So in the case of Margaret Kaiser-Sperl, a five day delay in diagnosing her impending stroke led to her death. A Cook County medical malpractice lawsuit was brought by her husband against the hospital that failed to timely diagnosis her medical emergency; Richard R. Sperl, Jr., as independent administrator of the Estate of Margaret Consuelo Kaiser-Sperl, deceased v. Advocate Health and Hospitals Corp., et al., No. 09 L 012104.

Ms. Kaiser-Sperl was a 45 year-old nurse and mother of two who presented to the emergency room at Advocate Lutheran General Hospital with complaints of recent balancing problems and hearing loss. Alan Kumar, M.D., the emergency room doctor, incorrectly diagnosed her symptoms as migraine headaches and sent her home. However, a look back at those emergency room records revealed that Ms. Kaiser-Sperl was actually having a transient ischemic attack, which is a precursor to a stroke.

Within five days of her emergency room discharge, Ms. Kaiser-Sperl returned to the emergency room. Her symptoms were similar to her prior visit, but this time she also had dizziness, facial droop, and weakness in her left arm. While this time the emergency room physicians recognized the seriousness of her condition and admitted her, it did not help to prevent her from suffering from a massive stroke. Within a week of the second ER admission, Ms. Kaiser-Sperl was dead as a result of the earlier emergency room error.

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Chicago plaintiff Fahineh Jalalipour received a $1.27 million jury verdict in her Cook County surgical negligence lawsuit, Fahineh Jalalipour v. Farhad Saed, M.D., 07 L 14120. The medical negligence centered around a routine bladder surgery that the 50 year-old elected to undergo in an attempt to correct her urinary incontinence. However, as sometimes happens when medical malpractice is involved, the cure was worse than the original ailment – Ms. Jalalipour was left with painful urination and bleeding, which was only corrected after the plaintiff underwent additional surgeries.

The medical malpractice involved a routine bladder suspension surgery that was meant to correct Ms. Jalalipour’s urinary incontinence by adjusting the location of the bladder in her abdomen and relieving pressure from the pelvic floor. The surgical procedure was performed by Dr. Farhad Saed at Thorek Memorial Hospital, who reported no complications following the surgery. However, in the days following the surgery, Ms. Jalalipour immediately reported finding blood in her urine and experiencing severe pain.

While Dr. Saed dismissed Ms. Jalalipour’s problems as a simple infection, the pain and bleeding did not respond to antibiotics. Eventually, Ms. Jalalipour was forced to consult two additional urologists, both of whom investigated internal causes for her pain. Ms. Jalalipour underwent two different cystoscopies, a diagnostic procedure that investigates the insides of one’s lower urinary tract, which would include the bladder. On her second cystoscopy, which took place over a year after her routine bladder surgery was performed, the urologist discovered the presence of three sutures sewn inside of her bladder.

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Many times medical negligence and errors result in permanent disabilities that patients need to live with for the rest of their lives. However, car accidents can also lead to permanent disabilities, or life-changing medical conditions. The Illinois personal injury lawsuit of Joseph Krzystof v. Jeremy Valencia, 08 L 14321, is a perfect example of when car accidents result in life-changing medical injuries.

The Illinois intersection accident occurred after the defendant, Jeremy Valencia, ran a stop sign. Valencia was on his way home from high school and broadsided Joseph Krzystof’s car, which had the right of way. Initially, while there was obviously a lot of property damage to both vehicles, it appeared that both parties escaped the crash fairly unscathed. However, six weeks after the accident Krzystof was diagnosed with a detached retina.

A retinal detachment occurs when the eye’s retina, the layer of tissue inside the eye that is responsible for sending messages along the optic nerve to the brain, breaks away from its normal position. Because the retina plays such a key role in how our brain interprets visual messages, a retinal detachment can lead to temporary or permanent blindness and is considered a medical emergency.

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A large settlement was reached in a Cook County surgical error lawsuit involving a corrective spinal surgery. The medical malpractice arose as a result of improper monitoring during the patient’s post-operative care and poor communication between the nursing and medical staffs. A settlement of $18.75 million was reached in Francisco Contreras and Sandra Contreras v. Thorek Memorial Hospital, et al., No. 07 L 7771.

The injured party, Francisco Contreras, required a spinal surgery as a result of a work injury he’d sustained about a year before. While working at a Chicago Walgreens store, the 55 year-old injured his neck while removing a printer from a shelf. In an attempt to cure the persistent neck pain that continued to radiated down Contreras left arm, his doctors recommended he undergo cervical disc surgery.

Mr. Contreras presented to Thorek Memorial Hospital for that cervical disc surgery and hopefully cure the pain he’d been experiencing since his work injury. By all accounts the surgery itself went very well and the operative notes indicated that Contreras was able to move both his arms and legs. However, these positive signs did not continue – just forty-five minutes later the medical records indicated that Contreras’s motor functions were deteriorating.

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Topamax is an anticonvulsant medication that is prescribed to treat epilepsy and the associated seizures, or can also be prescribed to prevent migraine headaches. Recently, the Food and Drug Administration (FDA) released a new warning about some birth defects associated with Topamax. Specifically, the drug warning states that mothers taking Topamax showed higher incidences of cleft lips and cleft palates than mothers not taking Topamax.

This discovery was made by the North American Antiepileptic Drug (NAAED) Pregnancy Registry, whose data showed that 1.4% of infants exposed to Topamax during the first trimester were likely to develop a cleft lip or cleft palate. The prevalence of cleft lips or palate in infants with no exposure to anticonvulsant medications was 0.07%.

In light of this new information, the FDA elevated the Topamax’s pregnancy category from C to D. Under Category D, “There is positive evidence of human fetal risk based on adverse reaction data from investigational or marketing experience or studies in
pregnant women despite potential risks.” Physicians are advised not to prescribe Topamax to pregnant women unless the potential benefits of the drug outweigh the potential risks to the fetus.

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The death of a high-power, Chicago executive at the University of Chicago Medical Center could lead to the Chicago hospital losing its medicare payments. James Tyree, CEO of The Chicago Sun-Times and Mesirow Financial, died from an air embolism that developed after his catheter was removed incorrectly. The medical negligence occurred while Mr. Tyree was being treated for pneumonia at the University of Chicago Medical Center.

The air embolism occurred after air entered the catheter as it was being removed. The air bubble then entered Mr. Tyree’s blood stream. This is problematic because when an air bubble becomes lodged in a vein or artery it can eventually block the flow of blood through that vein or artery. If your blood flow is blocked you are at risk of not getting enough blood to your heart or brain, which is a deadly situation.

This fatal medical error was not only preventable, but involved a skill that was so basic its being done incorrectly could be seen as gross negligence. After considering the facts of Mr. Tyree’s death, the Centers for Medicare and Medicaid Services stated that the “deficiencies [which led to Mr. Tyree’s death] were so serious that they constitute an immediate threat to patient health and safety.”

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A $14.9 million settlement was reached in an Illinois medical malpractice case that left the plaintiff with permanent brain damage. The lawsuit of Jennifer Lee v. Palos Community Hospital, et al., 09 L 7824, was brought against the hospital where the plaintiff was treated, as well as the individual doctors who treated the plaintiff.

In 2009, plaintiff, Jennifer Lee, presented to Palos Community Hospital with severe dehydration from vomiting and diarrhea. The typical treatment for dehydration is to pump the patient with IV fluids and monitor their electrolyte levels. When Ms. Lee presented to the hospital, her initial blood work showed an extremely high level of sodium. While normal sodium levels range from 135 mmol/L to 145 mmol/L, Ms. Lee’s sodium level was at 165 mmol/L.

Typically, dehydration results in low sodium levels, not high sodium levels. Blood sodium levels can indicate whether there is an imbalance between the levels of sodium and water in your body. While Ms. Lee’s initial sodium levels were critically high, it fluctuated between critically high and critically low during the course of her admission. In fact, it was this change from critically high, to critically low, then back to critically high that caused the plaintiff’s brain damage and was the subject of her medical malpractice lawsuit.

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A $4.5 million settlement was reached between Advocate Christ Hospital and Medical Center and the family of a man who died after his bladder ruptured at the Chicago hospital. The claims in the wrongful death case of The Estate of Krzysztof Bialas v. Advocate Christ Hospital and Medical Center, No. 07 L 12141, were that the decedent’s death could have been avoided if the hospital’s radiologist had correctly read a CT scan that would have identified the problem.

The decedent, Krzysztof Bialas, was a 42 year-old warehouse worker who presented to Oak Lawn’s Christ Hospital with a fractured pelvis after being injured in a forklift accident at his job. Nursing notes from the hospital visit indicated that Bialas’s scrotum was extremely swollen. In response to this observation, doctors ordered a CT scan of Bialas’s abdomen and pelvis.

While Bialas’s fractured pelvis was appropriately diagnosed by x-ray, the radiologist failed to recognize the presence of a large amount of fluid in Bialas’s pelvic area. The medical malpractice complaint filed by the decedent’s estate alleged that it was this radiology error that ultimately led to Bialas’s death.

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A Cook County medical malpractice claim against Northshore University Health Systems for $1.2 million. The lawsuit, Deborah Bowden and Bryce Bowden v. NorthShore University Health Systems, et al., No. 09 L 8801, involved allegations that several physicians in the Evanston health clinic failed to recognize that the plaintiff was exhibiting symptoms of an impending stroke. As a result of this failure to diagnose Ms. Bowden’s stroke in a timely manner, the plaintiff ended up suffering a stroke which left her with permanent muscle and speech limitations.
The circumstances leading to the Illinois failure to diagnose lawsuit arose out of two office visits occurring over a period of five days in August 2007. The 53 year-old Bowden presented to NorthShore University Health System complaining of numbness and tingling in her hands and feet. She was sent home and the medical records indicated that the physicians she saw missed all the indications that she was at risk for a stroke.

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