HPS Attorneys Obtain a Defense Verdict in Cook County

HPS Attorneys Obtain a Defense Verdict in Cook County

Chicago
October 22, 2024

HPS attorneys, Marilee Clausing, Kate Dzik, and Olivia Tomassetti obtained a defense verdict in a recent Cook County trial involving two maternal medicine specialists practicing at an academic hospital. The case involved the death of an infant delivered at 22 weeks gestation. Plaintiff alleged that the physicians should have offered the patient a cerclage in response to a cervix that was continuing to shorten despite the use of Progesterone, the gold standard in response to this clinical situation. Plaintiff further alleged that had a cerclage been offered, the patient would have accepted and the pregnancy would have been extended to viability. The defense included that the patient was not a candidate for cerclage at any time and that the standard of care did not require that the physicians offer cerclage where it was not indicated. The defense further argued that a cerclage was unlikely to have been successful in prolonging the pregnancy. Plaintiff asked for $15 million for the wrongful death claim and did not suggest a number for the survival claim. The jury was out just over two hours and returned with a unanimous verdict in favor of both physicians.

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.