JVR Trial Excellence Awards 2023

CASE REPORT

(QQQ 35/2) MEDICAL MALPR.–PARTIES DISPUTE CAUSE OF BRAIN DAMAGE AFTER INTUBATION (12O)

Justin Mroz, disabled v Dr. Randy Hebert, Advocate Northside Health Network, Advocate Illinois Masonic Medical Center,Advocate Health & Hospitals Corp., d/b/a Advocate Medical Group

Michael R. Slovis Michael R. Slovis received his legal educa- tion at DePaul University College of Law and graduated with a Juris Doctor in 1992. Imme- diately after law school, he practiced criminal law as an Assistant State’s Attorney in Cook County Illinois. He argued numerous times before the Illinois Appellate Court and tried over 50 felony cases, including a number of murder trials. In 1995, Mr. Slovis joined Bollinger, Ruberry & Garvey and was named partner in 2000. In 2002 Mr. Slovis and David C. Burtker started the Chicago office of Cunningham, Meyer & Vedrine where he remains Managing Partner. Since 1995, Mr. Slovis has concentrated his practice in litigation with a specific focus in the areas of medical malpractice, nursing home negligence and civil rights defense. His passion and admiration for the medical pro- fession started at an early age, as his father and both grandfathers were physicians. He has tried over 30 civil cases. He believes that his success in the courtroom rests with his ability to explain complex issues to a jury. Mr. Slovis has worked directly with area hospitals and practice groups to implement risk pre- vention practices. As part of Mr. Slovis’ gen- eral defense litigation practice he continues to represent physicians and nurses in disci- plinary and licensing matters before the Illi- nois Department of Professional Regulation. In 2004 Mr. Slovis was named to the 2004 Law Bulletin Publishing Company’s 40 Attor- neys Under Forty to Watch and has been con- sistently identified since 2005 as an Illinois Super Lawyer.

VERDICT: Not Guilty v all defts.

JUDGE: Bridget Jane Hughes (IL Cook-Law)

PLTF ATTY(S): D. Brett Turnbull, Alan Holcomb ,Alejandro Blanco of Turnbull, Holcomb & LeMoine (Atlanta, GA) DEMAND: $15,000,000 withdrawn ASKED: $31,500,000 DEFT ATTY(S): Michael R. Slovis, Kipp B. Cornell of Cunningham, Meyer & Vedrine (Chicago, IL) for all defts (Self-Insured) OFFER: $2,000,000 total withdrawn

PLTF MEDL: Dr. Nenad Brkic (Rehab/Physical Medicine)

DEFT MEDL: Dr. Hilliard Slavick (Neurologist) for all defts

PLTF EXPERT(S): Dr. Jonathan Woodcock (Neuropsychiatrist); Dr. Kevin Jones, Savannah, GA (912-303-9737) (Neuroradiologist); Dr. Roy Werner of Roseland Community Hospital, 45 W. 111th St., Chicago, IL (773-995-3000) (Emergency Medicine); Dr. Elizabeth Moberg-Wolff , 3333 N. Mayfair Road, #209, Wauwatosa, WI (262-527-1998) (Rehab/Physical Medicine); Heather Xitco of Dolan Xitco, 501 W. Broadway, #710, San Diego, CA (619-400-8460) (Economist); Mila G. Carlson, Ph.D. (Life Care Planner) DEFT EXPERT(S): Dr. Matthew Pirotte (Emergency Medicine); Dr. Dane Chet- kovich (Neurologist); Dr. Jerome Barakos (Neuroradiologist); Dr. Nader Ka- mangar of UCLA Medical Center, 14445 Olive View Drive, #2B-182, Sylmar, CA (747-210-4427) (Critical Care) for all defts Justin M-42 presented to the emergency room at Illinois Masonic Hospital while suffering from delirium tremors (DTs) on December 16, 2013. He had a history of previous admissions for alcohol withdrawal. ER personnel began treatment with alcohol withdrawal protocol and monitoring, but Justin’s vital signs became progressively more unstable and his mental status worsened, so a decision was made to intubate. Oxygen was administered and then a resident attempted to perform the endotracheal intubation, but the attempt was unsuc- cessful. Justin developed bradycardia, CPR was started, and a code was called. Deft ER physician Hebert successfully completed the intubation during the code. The code lasted four minutes, Justin’s vital signs recovered, and he was admitted into the hospital. However, an MRI performed four days later showed a brain injury and Justin’s brain function never returned to his baseline. He re- mained hospitalized for more than a month, and was transferred to RIC for inpatient rehabilitation. Justin has significant functional and cognitive deficits, is confined to a wheelchair with spastic quadriplegia, is unable to effectively

JURY VERDICT REPORTER • 2023 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 19

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