Verdict
$8.05 Million Verdict- Wrongful Death/Medical Malpractice
Larry R. Rogers Jr.
Kathryn L. Conway
Wrongful Death/Medical Malpractice: (2022 – Cook County) The 59 YO patient presented to an outpatient Advocate Clinic with signs and symptoms of an upper respiratory infection and an abnormal pulmonary exam noting “mild congestion bilaterally.” The patient was noted to have spent time with her father in a nursing home who had recently tested positive for MRSA. The patient was given a prescription for Azithromycin, an antibiotic that does not cover MRSA. Two days later, she presented to South Suburban Hospital with signs of an advanced pneumonia, which was later confirmed to be a MRSA pneumonia. Plaintiff argued that the abnormal pulmonary exam was indicative of a lower respiratory infection and necessitated the ordering of an x-ray to rule out PNA and that an antibiotic effective against MRSA had to be given. Advocate argued that MRSA-PNA is exceedingly rare and that Azithromycin is an antibiotic that covers the most common bacterial pneumonia agents. The patient was survived by her husband, who passed away 5 years later, and three adult sons.