HPS Attorneys Secure Defense Verdict in Wrongful Death Neurosurgery Case in Cook County
HPS Attorneys Secure Defense Verdict in Wrongful Death Neurosurgery Case in Cook County
Chicago
September 24, 2024
Thomas Comstock and Gina Ambrose secured a defense verdict on behalf of their clients, a neurosurgeon, and his neurosurgery practice group, following a two-week trial in Cook County. The case involved a 69-year-old patient who had a history of a ventriculoperitoneal shunt (VP), originally placed after a subarachnoid hemorrhagic stroke in 1989 to prevent hydrocephalus.
In early August 2016, the VP shunt was found to be exposed at the top of the patient’s head. The patient’s primary care physician referred her to the defendant neurosurgeon for evaluation. The neurosurgeon determined the exposed VP shunt needed to be removed as it posed a risk of infection. Approximately 6 hours after the removal of the VP shunt, the neurosurgeon was called to the patient’s bedside for an evaluation. A stat CT scan revealed a small bleed in the right frontal lobe of the patient’s brain, along the shunt’s track. The neurosurgeon expected the bleed would reabsorb and medically managed the hemorrhage with an osmotic agent to guard against any increase in intracranial pressure and ordered a repeat CT for the following morning.
In the middle of the night, the neurosurgeon was called by the ICU team to the patient’s bedside. The neurosurgeon noted a change in the patient’s neurological condition, and he ordered another stat CT, which indicated that the intracranial hemorrhage had increased in size. The neurosurgeon recommended a craniotomy to evacuate the hematoma, but the patient’s husband did not consent. An external ventricular drain (EVD) was placed instead, but it eventually became occluded with blood. At that point, the patient’s husband consented to the craniotomy, which was performed after the patient was transfused with platelets.
Approximately a week later, the patient’s platelet count began to rise and remained elevated. Hematology was consulted, and genetic testing revealed a JAK-2 gene mutation, confirming a myeloproliferative neoplasm (MPN), a type of bone marrow cancer that can cause platelet dysfunction and increase the patient’s risk of bleeding.
A month after surgery, the patient passed away due to complications associated with the intracranial hemorrhage. The plaintiff alleged that the neurosurgeon was negligent in his pre-surgical work-up, surgical technique, and post-surgical management of the patient. The defense contended the pre-surgical work-up, surgery, and post-surgical management were appropriate and complied with the standard of care and that the patient’s continued intracranial hemorrhage was a result of the undiagnosed MPN.
At trial, the Plaintiff requested at least $6 million for the plaintiff’s wrongful death claim. After an hour and a half of deliberations, the jury returned a unanimous verdict in favor of the defendants.
Of note, this defense verdict marks Comstock and Ambrose’s third medical malpractice defense verdict this year.
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