Highest Reported Illinois Verdict or Settlement for an Organ Transplant
Deft surgeon Resnick and several other doctors were aware of this risk. Gall- bladder removal surgery also has a risk of intestinal injury including bowel per- foration. Pltfs asserted Joseph had a postop intra-abdominal infection on Feb. 12 which progressed to full-blown sepsis by Feb. 13, leading to septic shock, multi-organ system failure, and intubation with a ventilator on Feb. 15. Despite abnormal cultures and CT scans, no surgery was performed until Feb. 24 - an exploratory procedure which revealed bowel necrosis, Petersen’s hernia, and bowel obstruction. Bowel perforation was found in a subsequent surgery. As a result, pltf required total removal of his small intestines, most of his large in- testines, and a portion of his stomach, followed by a small intestine transplant. He also developed Stage 3 kidney disease (may need future dialysis/kidney transplant), lost all teeth, and has progressive neuropathy, depression, anxiety, panic attacks, and flashbacks ($4,685,449 past medical expenses, $1,960,648- $7,962,027 future medical expenses depending on life expectancy, $194,297 past LT, $582,706-$2,509,516 future LT as machinist foreman). Pltfs argued Dr. Resnick was negligent in failing to timely diagnose and treat the infection and sepsis despite symptoms of bowel ischemia or perforation right after the gallbladder surgery, and 15 other non-surgical doctors should have obtained a second surgical opinion when Resnick refused to recognize Joseph’s intra- abdominal infection. There was a dispute between the parties as to how often Dr. Resnick saw Joseph postop; his name was not listed in the nursing notes or residents’ notes but he insisted he was present every day for rounds with surgi- cal residents. The defense contended the initial infection was due to bile spill- age/leakage or gallbladder infection, bowel ischemia was caused by reduced blood pressure, the Petersen’s hernia was unrelated to the initial surgery and occurred unexpectedly shortly before the exploratory surgery, and it was the Petersen’s hernia that necessitated the intestinal removal and transplant. Sum- mary judgment was granted in pltfs’ favor as to Advocate’s apparent agency of doctors. Defts’ last offer listed above was made during jury deliberations; prior $5 million offer was withdrawn during trial. COMPARISON: The verdict is the highest Illinois award for an organ transplant in JVR records. This case was the subject of a Chicago Daily Law Bulletin article on March 21, 2022.
Timothy Heath Timothy Heath graduated from the Universi- ty of Illinois in 1981, and received his law de- gree from Loyola University of Chicago Law School in 1984. He started his legal career as an Assistant State’s Attorney for Cook County in 1984, where he handled appeals for 18 months. During that time he not only handled several cases that were heard in the Illinois Supreme Court, including a death penalty appeal and a mandamus action. He also handled many cases in the Appel- late Court and was a briefs out supervisor. One of the cases he handled on appeal, was later decided in the U.S. Supreme Court. In 1987, he joined Wildman, Harrold, Allen & Dixon, handling personal injury, appeals and insurance coverage matters. In 1990, he joined Terrance K. Hegarty & Associates, Ltd, which became Hegarty & Heath in 1997. There he handled personal injury work and appeals. He remained a partner there until 2009, when he established his own prac- tice, Timothy Heath & Associates, P.C. which also handled personal injury cases and ap- peals. The firm became Heath & Heath, P.C., when Sharon Heath, his wife, joined the firm in 2016. As a plaintiffs’ personal injury attorney, Timothy Heath has handled a variety of cases including auto, slip and fall, prod- ucts liability, FELA, Admiralty, and medical malpractice. Between settlements and ver- dicts, Timothy has recovered over $130,000 for his clients, including three verdicts in excess of $10,000,000. The verdict that Sharon and Timothy obtained in the Brown- ing case has been recognized as one of the 10 ten medical malpractice verdicts in the country for 2022.
Heath & Heath, P.C. has their office at 1555 Naperville Wheaton Road, Ste. 206H, Naperville, Illinois. The firms’ two attorneys, Sharon L. Heath and Timothy W. Heath, focus their practice on plaintiffs’ personal injury work, including but not limited to medical malpractice, trucking colli- sions, car collisions, and trip and falls.
42 JURY VERDICT REPORTER • 2023 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
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