Our Record of Success

DBS Obtains a Not Guilty Verdict

On November 10, 2025, DBS attorneys Stetson Atwood and Erin Davis obtained verdict of not guilty in favor of the firm’s client, a level 1 trauma hospital, following a two and a half week trial before the Hon. Scott McKenna in the Circuit Court of Cook County, IL.

Plaintiff, a 67 year old female, was admitted to the hospital with complaints of abdominal pain and constipation.  After her conditioned worsened over the course of 36 hours, and in the face of critically elevated livery enzymes, a liver biopsy was ordered.  During the liver biopsy – performed by an interventional radiologist – the patient’s liver was lacerated which, combined with her coagulopathy, resulted in internal bleeding and death later that same day according to plaintiff’s theory.

Plaintiff claimed that the liver biopsy was negligently ordered by the hospitalist and gastroenterologist in light of the coagulopathy, that the patient should have been treated conservatively with steroids, and that the liver biopsy was negligently performed by the interventional radiologist.  Plaintiff further criticized a nephrologist for negligently ordering a kidney biopsy and dialysis catheter placement at the same time as the liver biopsy.

Plaintiff criticized the hospital’s nurses for negligently monitoring the patient post-biopsy and failing to recognize that the patient was bleeding.  There were additional alleged deviations by the nurses for failing to contact physicians to report the patient’s change in condition post-procedure prior to the code event.

DBS obtained a directed verdict in favor of the hospital as to the claim of apparent agency pertaining to the interventional radiologist (who was not an individually named defendant) at the close of plaintiff’s case in chief.  Thereafter, the defense argued that the nursing documentation clearly reflected significant physician involvement during the post-procedure timeframe.  The decision to order the liver biopsy was reasonable in light of the patient’s deteriorating condition, and the kidney biopsy and catheter placements were reasonable and did not contribute to the patient’s death.  The defense maintained that the sole proximate cause of the patient’s death was the liver laceration caused by the interventional radiologist.

During closings, plaintiff’s counsel requested over $20 million in damages.  After less than 4 hours of deliberation, the jury returned a defense verdict.