Clausing and Kaminski Secure Defensive Verdict for HPS Client in Case Worth $17.5 Million

Clausing and Kaminski Secure Defensive Verdict for HPS Client in Case Worth $17.5 Million

Chicago, IL
March 13, 2020

In early March 2020, HPS attorneys Marilee Clausing and Matthew Kaminski successfully defended a Chicago area family medicine physician against claims that he failed to diagnose and treat the plaintiff’s rare blood disorder, which caused a catastrophic stroke and permanent neurological damage.  

The plaintiff was a 55-year-old man, who had a longstanding history of cryogolubilenmia and syncope (fainting). In March of 2015, the plaintiff suffered a Transient Ischemic Stroke (TIA), followed by a catastrophic stroke, causing the permanent neurologic damage and disfigurement. The plaintiff's counsel argued that from 2012 – 2015, the family medicine physician failed to diagnose Antiphospholipid Antibody Syndrome (APS), a rare disorder that causes the body's immune system to attack healthy proteins in a person's blood. The plaintiff's counsel argued that the plaintiff had enough identifiable symptoms that indicated the possibility of APS such that the family medicine physician should have suspected it, worked it up, and referred to a specialist.

According to Marilee, this was not accurate. "The unfortunate reality is that the first sign of APS, is sometimes a clotting issue, including, as in this case, a stroke," she said. Matt added that the severity of the stroke, in this case, was unusual. “In the majority of cases, the stroke is mild and does not debilitate the patient to this extent.”

In addition to that, Marilee and Matt demonstrated that APS is difficult to detect even for trained specialists.  "It can be caused by several things, including an autoimmune disorder or an infection. But, it can also occur even with no identifiable underlying cause," said Marilee. “Expecting a family practitioner to be able to identify APS without symptoms or an underlying cause is unreasonable.” Marilee and Matt demonstrated during trial that the care provided to the plaintiff was appropriate and that their client could not have identified the condition before the stroke occurred.

The plaintiff's attorneys asked the jury to award $17.5 million for their clients' loss of a normal life, earnings, and pain and suffering. After just one hour and twenty-seven minutes, the jury returned a verdict of not guilty in favor of their client.

"The unique thing about this case," Matt said, "was the underlying medical condition. APS is rare, and the causes vary. It took a lot of work to understand what happened and be able to demonstrate that in court to the jury." Marilee, who is the managing partner at HPS, said the case demonstrates what she is proudest of at HPS – the people. “Everyone involved in this case, partners, associates, paralegals, legal assistants, all worked tirelessly as a team. All that work culminated with Matt and I going to court and telling our client’s story. We were successful because of the hours of work that everyone put into this case."