CASE REPORT
QQQ 29/1) MEDICAL MALPRACTICE – FAILURE TO DIAGNOSE POSTOP ABDOMINAL INFECTION (12F)
Joseph Browning, Christine Browning v Advocate Health & Hospitals Corp., Dr. Daniel Resnick 16L-6592 Tried Feb. 9-Mar. 16, 2022
VERDICT: $49,250,000 v both defts: $43,200,000 to Joseph Browning ($5,000,000 past loss of normal life; $4,000,000 future loss of normal life; $5,000,000 past emotional distress; $4,000,000 future emotional distress; $3,000,000 past pain & suffering; $4,000,000 future pain & suffering; $2,000,000 disfigurement; $5,500,000 shortened life expectancy; $4,700,000 past medi - cal expenses; $4,000,000 future medical expenses; $200,000 past lost in- come; $1,800,000 future loss of income); $6,050,000 to Christine Browning ($1,000,000 past loss of society; $2,300,000 future loss of society; $2,300,000 past emotional distress; $750,000 future emotional distress)
Sharon Heath Sharon’s career has taken a nontraditional path. After law school, Sharon started work- ing in the Appellate Division of the Cook County State’s Attorney’s Office. During her time there she became a supervisor to less experienced attorneys. In addition, she had the opportunity to successfully argue for the constitutionality of the Illinois child pornog- raphy statute before the Illinois Supreme Court. She subsequently worked in the 4th Judicial District of Cook County as a pros- ecutor in the misdemeanor courts. While there, Sharon and her husband, Timothy, be- came parents, and Sharon was able to take advantage of a part-time program for new mothers offered by the Cook County State’s Attorney’s office, and as such, she returned to appellate work. Eventually, Sharon took time off from work to raise her three chil- dren. In 2002 she returned to school, seek- ing a Master’s in Clinical Psychology. Eventually she became a Licensed Clinical Professional Counselor. As a counselor she worked in a domestic violence shelter, and later at Linden Oaks Hospital in Naperville, IL. After leaving Linden Oaks she started her own private practice in Naperville, sharing of- fice space with Timothy. During this time Sha - ron went on the Inactive List of attorneys in Il- linois. In 2016 she returned to the practice of law, working with her husband in his plaintiffs personal injury practice, and has been work- ing as both an attorney, and a mental health counselor, since then. Sharon has found that both fields inform one another, and she has had many opportunities to use her psychol- ogy background in the trial setting.
JUDGE: John P. Kirby (IL Cook-Law)
PLTF ATTY(S): Sharon L. Heath, Timothy W. Heath of Heath & Heath (Naperville, IL) for both pltfs DEMAND: $29,000,000 total withdrawn ASKED: $77,871,649 total DEFT ATTY(S): David C. Burtker, Michael F. Compton, Robert L. Larsen of Cun- ningham, Meyer & Vedrine (Chicago, IL) for both defts (Partially Self-Insured) OFFER: $2,000,000 - $8,000,000 total high/low PLTF MEDL: Dr. Enrico Benedetti (Transplant Surgeon), Dr. Andrew Pundy (Psychiatrist), Dr. Matthew McShane (Internist) for Joseph Browning DEFT MEDL: Dr. Brian Welch (General Surgeon), Dr. Mark Conley, D.O. (Internist), Dr. Robert Citronberg (Infectious Disease), Dr. Ruba Odeh (Infectious Disease), Dr. Darin Harnisch (Infectious Disease), Dr. Arvey M. Stone (Pulmon- ologist), Dr. Bhaven Shah (Pulmonologist), Dr. Elizabeth Klein (Pulmonologist), Dr. Harold Bregman (Nephrologist) for both defts PLTF EXPERT(S): Dr. Jeffrey P. Snow (Colorectal Surgeon); Dr. Richard M. Sweet (Nephrologist); Dr. Patrick Barrett of Jesse Brown V.A. Hospital, 820 S. Damen, Chicago, IL (312-569-6113) (Rehab/Physical Medicine); Dr. Neil H. Pliskin, Ph.D. (Neuropsychologist); Ronald T. Smolarski (Life Care Planner); David Gibson (Vocational Economics Analyst) for Joseph Browning. DEFT EXPERT(S): Dr. Daniel R. Conway (General Surgeon); Dr. Jeffrey Kopin (Internist); Dr. John P. Kress (Critical Care); Dr. John P. Flaherty (Infectious Dis- ease); Dr. Richard M. Gore (Radiologist); Dr. Steven H. Hanus (Psychiatrist); Dr. Richard T. Katz (Rehab/Physical Medicine); Dr. Arnold Berns (Nephrologist) for both defts. Pltf M-42 Joseph underwent laparoscopic gallbladder removal at Advocate Lu- theran General Hospital on Feb. 11, 2015. Prior gastric bypass surgery left him with a known lifelong risk for developing Petersen’s hernia of the intestines.
JURY VERDICT REPORTER • 2023 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 41
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