Outstanding Defense Verdict in a Medical Malpractice Case
His wife sought damages for loss of companionship/consortium. Pltf claimed the attending physicians prescribed inadequate fluid administration upon ad - mission, failed to properly evaluate the patient throughout the day and eve- ning on March 9, and failed to properly supervise the hospital residents who continued to care for him. Pltf contended the residents and nursing staff were negligent in ignoring several red flags starting around 8 pm which indicated the patient was not receiving adequate fluid resuscitation. Those signs of hypo - perfusion included downward trending urine output, rising tachycardia, increas- ing acidosis, decreased capillary refill, and non-palpable pulses, all of which went untreated and led to hypovolemic shock and cardiac arrest. Pltf further maintained the doctors should have increased the fluids being administered and adjusted the ventilator to prevent acidosis. Defense counsel notes Judge Brendan O’Brien entered a discovery ruling prior to trial that there was a fail- ure to properly monitor and supervise the competence and qualifications of the hospital staff/employees. The defense denied the fluid resuscitation was insufficient since the urine output was adequate throughout the day and the vital signs were stable for a patient with major burns. The defense asserted any alleged red flags were normal symptoms for this type of burn patient, and argued his cardiac arrest was caused by a vasovagal response to fluid shifts during a necessary dressing change. The defense further contended the hospi- tal’s physicians were highly trained and competent, any lack of supervision or communication did not result in harm, and deft was not a proximate cause of pltf’s injuries. The jury deliberated approximately 8 hours.
Jonathan E. Cavins Jonathan E. Cavins is a Partner at Brennan Burtker LLC where he concentrates his prac- tice in healthcare defense, with an emphasis in representing academic healthcare cen- ters. Mr. Cavins represents hospitals, medi- cal groups, and physicians in all phases of litigation. He has successfully tried numer- ous cases to verdict. Additionally, Mr. Cavins has extensive experience representing and counseling his clients in commercial mat- ters and administrative hearings.
Rachel S. Stern Rachel S. Stern is a Partner concentrating her practice in the area of medical malprac- tice defense, representing physicians, nurs- es, and hospitals in complex litigation. Rep- resenting clients in a wide range of medical fields including emergency medicine, ob - stetrics/gynecology, orthopedics, anesthe - siology, neurosurgery, and wound care, her focus is to obtain efficient and favorable outcomes for clients, with most cases re- solved through dismissal, summary adjudi- cation, or favorable settlement.
Brennan Burtker LLC is Chicago’s first full-service health care law firm, providing clients everything from defense litigation to health care con- sultation services. Our partners are established and recognized defense litigation attorneys with an in-depth understanding of the day-to-day is- sues facing health care professionals and institutions. Our established trial record and excellent results in complex medical malpractice cases are the reasons our diversified client base includes academic medical centers, teaching hospitals, multi-state regional hospital systems, com- munity hospitals, national dialysis centers, physicians, physician practice groups, and professional organizations.
72 JURY VERDICT REPORTER • 2023 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
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