CASE REPORT
(24 N/1) MEDICAL MALPRACTICE--DEATH ONE DAY AFTER DOCTOR VISIT FOR CHEST COMPLAINTS (12H)
Estate of Jonathan L. Montgomery, deceased v DuPage Medical Group Ltd., Dr. Patrick Michael Mackey 21L-517 Tried Oct. 31-Nov. 12, 2024
VERDICT: Not Guilty v both defts.
JUDGE: David E. Schwartz (IL, Du Page 18th Jud Cir)
Mark M. Burden Mark is a seasoned trial lawyer who focus- es his practice on defending physicians, hospitals, and healthcare professionals in medical malpractice and professional liability cases. With over 50 jury trials and hundreds of successful case resolu- tions, he is recognized for his expertise in complex healthcare litigation. Mark joined Donohue Brown Smyth at its founding in 1995 and became a partner in 2000, fol - lowing early practice experience at Baker & McKenzie.
PLTF ATTY(S): Benjamin A. Crane, Stephen M. Blecha of Coplan & Crane (Oak Park, IL) ASKED : $25,000,000 DEFT ATTY(S): Mark M. Burden, Justin T. Evans of Donohue, Brown, Mathewson & Smyth (Chicago, IL) for both defts
PLTF MEDL: Dr. Hilary McElligott (Pathologist)
PLTF EXPERT(S): Dr. Calum MacRae, Ph.D. (Cardiologist); Dr. Jon Resar of Johns Hopkins Outpatient Care Center, 601 N. Caroline St., #7200, Baltimore, MD (443-997-0270) (Cardiologist); Dr. Michael Coady (Cardiothoracic Surgeon) DEFT EXPERT(S): Dr. Jeffrey Kopin (Internist); Dr. Michael Argenziano (Cardiac Surgeon); Dr. Thomas A. Mayer (Cardiologist) for both defts
Jonathan Montgomery contacted Du- Page Medical Group with complaints of a headache and chest tightness with warmth that spread from his chest up to his neck while at home. Two days later, on October 5, 2020, Jonathan M-49 saw deft internist Mackey and complained of a chest sensation that was only pres- ent when he took a deep breath. Jona- than died the next day (October 6) from an aortic dissection and rupture (sur- vived by wife and two minor children). The estate contended his headache and chest symptoms were indicative of aortic dissection, he was at high risk of aortic dissection, the aortic dissection occurred at the time of the onset of his headache and chest symptoms, and the
standard of care required Dr. Mackey to send the patient to a higher level of care - either the emergency department or a cardiologist. The defense argued the standard of care did not require referral to a higher level of care as the patient was hemodynamically stable and did not have any typical signs or symptoms indicative of aortic dissection or any emergency condition warranting refer- ral to a higher level of care. The defense further contended it was more likely than not that the dissection did not oc- cur until after Jonathan’s visit with Dr. Mackey. The jury reportedly deliberated less than an hour, during which the par- ties entered into a high/low settlement agreement.
Justin T. Evans Justin focuses his practice on defending physicians, hospitals, and healthcare pro - viders in professional negligence cases. He has substantial trial experience as both first and second chair and regularly resolves matters through motion practice and alternative dispute resolution. Before joining Donohue Brown Smyth in 2024, Justin practiced at defense firms in Chicago and Detroit, handling a broad range of litigation including medical mal- practice, long-term care, FELA railroad claims, product liability, and transporta - tion-related cases.
Founded in 1995, Donohue Brown Smyth LLC quickly established a repu- tation for excellence in trial and appellate advocacy, successfully handling hundreds of cases in both state and federal courts. While the firm initially fo - cused on medical malpractice, professional liability, and insurance defense, it has since expanded to include a nationally recognized product liability prac- tice. The firm also provides expertise in institutional liability, mass torts, class actions, commercial litigation, insurance coverage, and appellate work.
JURY VERDICT REPORTER • 2025 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 29
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