CASE REPORT
(24 D/1) MEDICAL MALPRACTICE--PARAMEDICS SUED FOR FAILING TO TAKE SENIOR TO HOSPITAL (12W)
Estate of Sandra M. Gatto, deceased v Lockport Fire Protection District 20L-950 Tried Jul. 30-Aug. 7, 2024
VERDICT: Not Guilty. Special Interrogatory: Did paramedics Griffith Legler or Joseph Netcel show an utter indifference to or conscious disregard for the safety of Ms. Sandra Gatto? ”No.”
Stephen H. DiNolfo Stephen is an experienced trial attorney who focuses his practice on local govern- ment, civil rights, and employment litiga - tion, as well as labor law. A significant part of his practice is dedicated to defending local governments and EMS providers in employment and tort claims. He has litigated cases in state and federal courts, argued before the Seventh Circuit Court of Appeals, Illinois Supreme Court, and the Illinois Appellate Courts.
JUDGE: Roger D. Rickmon (IL, Will 12th Jud Cir)
PLTF ATTY(S): Charles C. Bletsas, Cole H. Munvez of Parente & Norem (Chicago, IL) DEMAND : $ 9,000,000 ASKED : $15,400,000
PLTF MEDL: Dr. Ryan Zengou (Neurosurgeon)
DEFT MEDL: Griffith Legler (Paramedic), Joseph Netcel (Paramedic)
DEFT ATTY(S): Stephen H. DiNolfo, Meganne Trela of Ottosen, DiNolfo, Hasen- balg & Castaldo (Naperville, IL) (Selective Insurance) OFFER : $250,000 PLTF EXPERT(S): Dr. Kenneth A. Corre (Emergency Medicine); Dr. Faheem Sandhu (Neurosurgeon); Lt. Robyn McKinley, 7786 Wolfden Circle, Memphis, TN (Paramedic) DEFT EXPERT(S): Dr. Mark E. Cichon, D.O. (Emergency Medicine); Shawn Howd, 4147 Pittsburgh Ave., Chicago, IL (Paramedic)
Sandra Gatto (F-77) fell to the ground and struck her head in a Walgreens parking lot at 498 N. Weber Road in Romeoville on September 13, 2020. At the time of the fall, she was on blood thinning medication. An assistant store manager called 911. Paramedics Griffith Legler and Joseph Netcel with the Lock- port Fire Protection District responded to the call. Upon arrival, the paramed- ics found Gatto sitting on the ground, alert and oriented, with an abrasion and bleeding on her forehead. Gatto denied losing consciousness and said she did not want to go to the hospital. After evaluating Gatto, the paramedics deter- mined she was capable of making her own decisions and could refuse trans- port to a hospital. They explained to her the risks of refusing transport, including death, and told her to call back if her symptoms worsened. Gatto signed the refusal form and the paramedics assist- ed her to her car. Gatto drove home on her own. Gatto called 911 a few hours later because she was still bleeding;
she was coherent during the call with dispatch. Paramedics transported her to Bolingbrook Hospital, where she was diagnosed with a subdural hematoma. She was then transferred to St. Joseph Hospital. However, she died on Sep- tember 26, 2020 (survived by husband and two adult children). The estate con- tended the paramedics were willful and wanton in accepting Gatto’s refusal and not transporting her from Walgreens to a hospital, and the delay in getting her to the hospital was the cause of her death. The estate sought damages for Gatto’s survival pain & suffering, medical expenses ($272,718), funeral expenses, and loss of companionship to her family. Defts denied their treatment and accep- tance of a transport refusal at the scene was willful and wanton. The defense ar- gued the paramedics’ conduct complied with applicable policies and procedures, Gatto was alert/oriented and capable of making her own decisions, and the fact that she was on blood thinners did not negate her ability to refuse transport.
JURY VERDICT REPORTER • 2025 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 41
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