HPS Attorneys Secure Defense Verdict in Cook County

HPS Attorneys Secure Defense Verdict in Cook County

November 15, 2023

HPS Attorneys, Marilee Clausing and Kate Dzik, assisted by Madeline Engledow, secured a defense verdict on behalf of a Chicago area hospital in a wrongful death case in Cook County. 

The case involved a 19 year old woman who presented to the ER five days post-Cesarean section with a one-day history of abdominal pain, nausea, and vomiting. The patient’s vital signs were consistent with shock and blood work, abdominal imaging studies, and fluid resuscitation were initiated.  Throughout the evening, the patient was evaluated by multiple physicians and a plan for admission and surgery was established.  The patient was ultimately taken to the OR for an exploratory laparotomy but went into cardiac arrest and could not be resuscitated. A postmortem examination demonstrated that the patient died from a Group A Strep infection that was present in various organs of the body.

At trial, Plaintiff alleged that the four physician Defendants failed to diagnose and treat infection with the administration of antibiotics and source control and, had treatment for infection been instituted, the patient more than likely would have survived. Plaintiff alleged that the four physician Defendants were the apparent agents of the hospital. Plaintiff also asserted that the hospital was institutionally negligent for the lack of certain policies and with regard to the nursing care provided by the emergency room nurse. Defendants presented experts who testified that the care and treatment of the healthcare providers was reasonable and appropriate, that the physicians were kept apprised of the patient’s condition, that the patient presented to the hospital already in shock and that the “triad of treatment” would not have saved the patient.

At the conclusion of a four-week trial, the Plaintiff asked the jury for a verdict of $12.5 million, and the jury returned a verdict for the defense.

Disclaimer: This publication is not intended to provide legal advice but to provide general information on legal matters. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Readers should seek specific legal and/or medical advice before taking any action with respect to matters mentioned in this publication. The attorney responsible for this publication is Marilee Clausing. This post constitutes a form of attorney advertising as defined by some state bar associations.