CASE REPORT
(NNN 42/1) MEDICAL MALPR.–INADEQUATE FLUIDS BLAMED FOR BURN PATIENT’S BRAIN DAMAGE (12F)
Jeffrey T. Smith, disabled, Kimberley A. Smith v University of Chicago Hospital 16L-4212 (refiled from 10L-2907) Tried Feb. 24-Mar. 13, 2020
VERDICT: Not Guilty
Mark M. Brennan Mark M. Brennan is a co-founder of Bren- nan Burtker LLC (formerly Brennan Garvey LLC) where he serves as Managing Partner and Chairman of the firm’s Executive Com - mittee. Brennan Burtker LLC was named a Regional Tier 1 Best Defense Firm for Medi- cal Malpractice in Illinois by U.S. News & World Report. Mr. Brennan devotes his law practice to civil litigation and issues pertinent to the health care profession. He has successful- ly tried several cases to verdict. Mr. Bren- nan concentrates his trial practice in the area of medical malpractice defense but also represents physicians and hospitals in all areas of litigation involving commer- cial, administrative and personal tort mat- ters, including physicians and dentists in IDFPR matters. He represents some of the Chicago’s top children’s hospitals and pedi- atric specialists, and has defended some of the most complex and highest profile cases filed against academic medical institutions. Mr. Brennan’s defense of highly complex and high exposure medical malpractice cas- es has been invaluable to the protection of the healthcare industry. In addition to his impressive trial record, his creative defense strategies and careful client guidance has consistently provided his clients with the very best results in the defense of medical malpractice claims.
JUDGE: Janet Adams Brosnahan (IL Cook-Law)
PLTF ATTY(S): Stephen D. Phillips Terrence M. Quinn, Elise A. Waisbren, Stephen J. Phillips of Phillips Law Offices(Chicago, IL) for both pltfs ASKED: $43,000,000 + DEFT ATTY(S): Mark M. Brennan, Rachel S. Stern, Jonathan E. Cavins of Bren- nan Burtker LLC (Chicago, IL) (Self-Insured) PLTF MEDL: Dr. John C. Heyer, D.O. (Family Practice), Dr. Larry Salberg (Neurologist) for Jeffrey T. Smith, disabled DEFT MEDL: Dr. Michael F. O’Connor (Critical Care), Dr. Lawrence Gottlieb (Burns), Dr. Michael DeWolfe (Plastic Surgeon), Dr. Sara Dickie (Plastic Sur- geon), Marie LaFontant, R.N. (Nurse, Critical Care) PLTF EXPERT(S): Dr. James F. Watkins , Snowmass Village, CO (970-403- 7664) (General Surgeon); Dr. David M. Systrom (Critical Care); Stephanie List, R.N. of American National University, Columbus, OH (888-956-2732) (Nursing); Dr. Gary Yarkony (Rehab/Physical Medicine); David Gibson (Vocational Eco- nomics Analyst) for Jeffrey T. Smith, disabled DEFT EXPERT(S): Dr. Edward Bittner, Ph.D. of Massachusetts General Hospi- tal, 55 Fruit St., Boston, MA (617-643-5044) (Critical Care); Dr. William B. Hughes of Jefferson University Hospitals, 1100 Walnut St., 5th floor, Philadelphia, PA (215-955-8666) (Burns); Dr. Brian Z. Bilchik, 830 Boylston St., #205, Chestnut Hill, MA (617-732-1318) (Cardiologist); Kathy G. Supple, A.C.N.P. of Amita Health Medical Group, 2434 S. Wolf Road, Westchester, IL (855-692-6482) (Nurse Prac- titioner); Cathlin Vinett Mitchell, R.N. (Life Care Planner) Pltf M-40 sustained extensive burns to 45% of his body and was transported to a nearby hospital on March 9, 2008. He was subsequently transferred to the Burn Unit at University of Chicago Hospital, arriving there about eight hours after his initial injury. The attending critical care physician ordered treatment including fluid resuscitation, intubation, and ventilatory management. The criti - cal care service charted its only notes around 11 a.m. on March 10. The last physician note that day was by a resident doctor around 2 pm. No notes were entered by the attending burn surgeon. Following a change of wound dressings later that evening, which took 1.5 hours to complete, pltf suffered a cardiac ar- rest shortly after midnight. The cardiac arrest lasted 17 minutes and caused a catastrophic brain injury, leaving pltf completely disabled with severe neurologi- cal and physical impairment ($2,399,553 past medical expenses, $6,281,412- $6,949,098 future medical expenses, $1,742,268 lifetime LT as a welder).
JURY VERDICT REPORTER • 2023 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 71
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