Lawyers at DBS successfully litigate a wide variety of civil cases and argue appeals in some of the most challenging jurisdictions in the country.
DBS Obtains Defense Verdict in Cook County
Physician
Outcome:Defense Verdict
On April 13, 2026, Mark Burden and Daniel Veselik obtained a defense verdict in favor of a general surgeon in a case tried in the Circuit Court of Cook County before the Honorable Preston Jones Jr.
The patient had a history of prior hernias and developed an inguinal hernia and umbilical hernia in 2020. On January 22, 2021, the patient underwent an inguinal and umbilical hernia repair operation. During the umbilical hernia repair, mesh from a prior hernia repair was removed. Electrocautery was used to remove the mesh from the adhesions to the tissues. The patient was stable following surgery and discharged home the same day. On January 25, 2021, the patient’s spouse began noticing discharge from the wound and called the surgeon. The surgeon advised them to go to the emergency department immediately and met them there. The surgeon brought the patient to surgery and discovered a perforation in the patient’s bowel. He removed the portion of perforated bowel and reconnected the bowel. The surgeon decided to leave the abdomen open to allow the patient time to recover from the infection he developed. The patient eventually had another hernia surgery and made a full recovery.
The plaintiff claimed that the surgeon failed to properly inspect the bowel during the umbilical hernia repair. The plaintiff argued that if the surgeon did inspect the bowel, he would have discovered the perforation and fixed the perforation before closing the abdomen which would have prevented the patient from developing an infection. The defense established that the surgeon properly inspected the bowel during the January 22, 2021, operation. The perforation was a delayed perforation that can occur when electrocautery is used during surgery. A delayed perforation can occur in the absence of negligence. The defense established that the perforation developed on the morning of January 25, 2021, and could not have been found during the January 22 operation.
The plaintiff requested $3.2 million in damages during closing argument. The jury returned a verdict in favor of the general surgeon represented by DBS.