C. v. Victory Memorial Hospital, et al.

This case settled for a Lake County record of $12,250,000.00 prior to closing argument before Judge Terrence Brady on Friday evening after the jury instruction conference.

On March 29, 1996, C. paged her obstetrician complaining of a splitting headache at 4:00 p.m. He told her to go the emergency room. She and her husband arrived at 4:45 p.m. and saw the emergency room physician at 5:15 p.m. He diagnosed preeclampsia and spoke to the obstetrician between 5:25 and 5:50 p.m. The emergency room physician testified she needed an anti-hypertensive for preeclampsia with hypertension but the obstetrician told him to send her to Labor & Delivery and he would call in his orders. The obstetrician ordered over the phone magnesium sulfate at 5:50 p.m. which is a prophylactic for seizures and reduces blood pressure transiently but did not order hydralazine, an anti-hypertensive. According to one of the plaintiffs’ expert, C. hemorrhaged into her brain between 6:00 to 6:20 p.m. when she started to become less coherent. In addition to suffering from preeclampsia with hypertension C. had HELLP syndrome which made her blood difficult to clot. According to another expert it was negligent not to give C. an anti-hypertensive in the E.R. The baby, Shane, was born healthy, without any medical problems.

O. v. Illinois Masonic Medical Center

In February 1997, O., following the birth of her daughter, was diagnosed with post-partum cardiomyopat­hy, a condition which could result in blood clot formation in the heart leading to embolic stroke(s). O. was provided Coumadin, a blood thinner, as her ejection fraction was less than 35%. The Defendants were responsible for blood work monitoring (INR assessment) and management of Coumadin. On August 20, 1997, O. suffered a stroke from a hemorrhagic bleed. Plaintiffs alleged that O. was over anti-coagulated (her INR was 3.8 after the bleed) and argued that the standard of care required lesser levels of anticoagulati­on (INR 2 to 3) than the range established by the defendants (INR 2.5 to 3.5). O.’s hemorrhagic stroke caused left-sided hemipares­is. The defense contended, because of an earlier presumed embolic attack in May, the defendant physicians were permitted by the standard of care to have a higher INR than the standard 2 to 3, to prevent another emboli. Additionally, they contended in Europe the INR is typically as high as 5.

D. v. Edward Hospital, et al., DuPage County

D. is a 44 year old female who went into the hospital to be treated for left ankle pain. At approximately 11:45 a.m., during an elective biopsy procedure, the patient was turned from the supine position to the prone position. She became hypoxic and her heart beat slowed to a bradycardic level with no pulse. The anesthesiologist, Dr. Rashidi Gani Loya, noticed the patient was turning blue. This is a late sign of hypoxia. She had the patient flipped back to the supine position and started ambu bagging her. The orthopedic doctor started chest compressions on the patient. He then started to perform manual ventilation with the ambu bag as well as chest compressions. Unfortunately, the patient had gone so long without oxygen she had sustained anoxic encephalopathy and permanent brain damage.

The plaintiff’s intended on proving that from the time D. was flipped to the supine position until the manual ventilation by ambu bag along with the chest compressions, Linda was without oxygen, in whole or in part for approximately eight minutes which led to her brain damage. During discovery plaintiff learned that the ventilator alarms on the anesthesia equipment did not sound, possibly due to a problem with the automatic ventilator switch which did not automatically restart the ventilator and alarms upon activation.

R. was admitted to Provena Covenant Medical Center for labor and delivery. She had an epidural injection performed for pain control during labor by Ted Dziadek, MD, an anesthesiologist. The epidural test dose contained Sufenta and was therefore an improper test dose since Sufenta can result in respiratory compromise if administered in the subarachnoid space (a risk of an epidural injection). The test dose was administered in the subarachnoid space as evidenced by air bubbles present on CT imaging of R.=s brain after the injection. R. experienced immediate post-injection signs of respiratory deterioration and her healthcare team (labor and delivery nurse and anesthesiologist Ted Dziadek) failed to timely respond to her respiratory deterioration. She was not ambu-bagged for 15 minutes after the epidural, CPR was not started for 17 minutes following her epidural. There were varying opinions between the healthcare providers regarding whether or not needed resuscitation equipment was present in the room to assist in resuscitation. Tim’s baby was born without neurologic injury. Tim Ravanh was left catastrophically brain damaged.

D. v. UHS of Bethesda, Inc., et al.

A 29-year-old employee of UHS of Bethesda, Inc. a/k/a Mount Sinai Hospital-North, was diagnosed as having migraine headaches and returned to work by a physician who examined him at the hospital on two separate occasions. A week after the last visit he had suffered a thrombosis which resulted in a stroke and left sided hemiplegia from polycythemia rubra vera which went undiagnosed. The jury found the defendants negligent for not performing a CBC on either visit which would have led to the diagnosis and that the physician was an agent of the hospital. This is the highest personal injury verdict in Illinois for 1995.

Jury Verdict: $11,962,390.00

Offer before trial: $1,000,000.00

Offer during trial: $1,600,000.00

M. v. Northwest Community Hospital, et al.

Birth Injury/Medical Malpractice: This case involved a water birth in which just prior to delivery shoulder dystocia occurred. Shoulder dystocia is where due to the large size of the D. M.’s shoulders his mother, C. M., was unable to deliver the baby vaginally without various maneuvers. This occurred when C. M. was still in the tub. Because they were unable to empty the tub as quickly as needed they attempted to deliver the baby in the tub. As a result, she was unable to perform the appropriate maneuvers that were recommended for shoulder dystocia. Due to the delay in delivery Plaintiff contended that D. M. became brain damaged and has suffered severe and significant injuries.

Medical Malpractice: 38-year-old female presented to Local Community Hospital with complaints of abdominal pain, vaginal bleeding, a recent positive pregnancy test, and a history that her pregnancy had passed into the toilet days earlier. She underwent laparoscopic surgery for an “ectopic pregnancy.” During and after the surgery (there was no evidence of pregnancy days later at pathology rather infection), she was never given an antibiotic although ordered pre-operatively. She was discharged without antibiotics and without communication of her abnormal vital signs to the surgeon. She re-presented to the ER 12 hours later, underwent exploratory surgery to look for bleeding (none), experienced septic shock and died from a septic miscarriage.

Medical Malpractice/ Birth Injury

Plaintiff, a male newborn, was delivered on June 23, 2015, pale and hypovolemic. Defendants failed to timely administer fluids and provide appropriate respiratory assistance. As a result of the delayed resuscitation, he suffered hypoxic ischemic encephalopathy that necessitates 24-hour care. The baby’s neurologic complications include epilepsy, developmental delays, dystonia, and cerebral palsy. This is the highest Macon County verdict or settlement that has ever occurred in the County. (2020)

Power Rogers attorney Carolyn Daley secured a $10,455,566 verdict for their clients in a medical malpractice case. The case involved Dr. Kielb and Northwestern Memorial Hospital’s failure to properly diagnose R.C.’s incontinence, then negligently placing retropubic mesh and sling. The sling was removed months later, but R.C. continued to have pain and burning sensations in her pelvic region due to muscle and nerve damage. After a 2.5 week trial, the jury returned a verdict of $10,455,566.16, which was 5x more than Dr. Kielb and Northwestern’s pretrial offer.

R.C. and L.C. v. Northwestern Memorial Hospital, and Dr. Stephanie Kielb.

Medical malpractice verdict. Ms. Daley secured a $10,455,566 verdict for her clients in a medical malpractice case. The case involved Dr. Kielb and Northwestern Memorial Hospital’s failure to properly diagnose R.C.’s incontinence, then negligently placing retropubic mesh and sling. The sling was removed months later, but R.C. continued to have pain and burning sensations in her pelvic region due to muscle and nerve damage. After a 2.5 week trial, the jury returned a verdict of $10,455,566.16, which was 5x more than Dr. Kielb and Northwestern’s pretrial offer.