Lawyers at DBS successfully litigate a wide variety of civil cases and argue appeals in some of the most challenging jurisdictions in the country.

Medical Malpractice

DBS Obtains a Defense Verdict in Champaign County

May 13, 2026
Client:

Physician

Outcome:

Defense Verdict

Synopsis:

On May 13, 2026, Mark Burden and Gillian Dunlop obtained a defense verdict in favor of an orthopedic surgeon after a three-week trial in the Circuit Court of Champaign County before the Honorable Jason Bohm. The high stakes case involved an unfortunate patient who ended up needing an above the knee amputation after undergoing an elective knee replacement surgery.

The case involved a 65-year-old female who underwent a left-knee replacement performed by an orthopedic surgeon represented by DBS.  The procedure was performed at a local community hospital and there were no complications identified during the procedure. After the procedure, the patient was transferred to the floor where she began to exhibit signs of acute limb ischemia, including extreme pain, no pulses, a cold foot and no motor function of the foot, toes, and ankle. The orthopedic surgeon was contacted while in another surgery and asked another physician to evaluate the patient on the floor.  The decision was then made to order an arterial duplex ultrasound study which revealed no blood flow below the knee. The patient was then transferred to a nearby facility with a vascular surgery team. Upon admission to the facility, the patient was rushed into emergency surgery for revascularization. The vascular surgeon diagnosed a laceration to the popliteal artery, which led to blockage of all blood flow below the knee. The vascular surgeon was able to successfully revascularize her leg, however after several repeat surgical procedures, the patient’s left leg was never able to fully recover. During the hospitalization she experienced a second ischemic event leading to an above-the-knee amputation.

The plaintiff claimed that the orthopedic surgeon failed to timely evaluate the patient after surgery and delayed the transfer to a hospital with a vascular surgeon. The plaintiff argued that if the patient were transferred earlier, her leg would not have experienced prolonged ischemia, and she would not have developed heparin induced thrombocytopenia thrombosis (HITT) which plaintiff claimed led to her eventual amputation. The defense established that the patient experienced a recognized complication to the procedure and an earlier transfer likely would not have altered the outcome. The defense further established that the orthopedic surgeon took reasonable and necessary steps to diagnose the patient with acute limb ischemia prior to transfer which was necessary to treat her upon arrival at the secondary facility, and that no alleged delay caused the patient to develop HITT.

The plaintiff requested $17.2 million in damages during closing argument. The jury returned a verdict in favor of all defendants, including the orthopedic surgeon represented by DBS.

Although our trial team missed the comforts of home during this trial, they had fun exploring all that Champaign-Urbana has to offer and were quite impressed by the local restaurant scene. In no particular order, some of the team’s favorite spots include:

  1. Sakanaya – Delicious sushi right in the heart of campus town.
  2. Nandos – Homemade pastas and Italian delights in downtown Champaign.
  3. Black Dog BBQ – The only restaurant we visited twice! Great BBQ!
  4. Silvercreek – An upscale modern American restaurant in Urbana.
  5. Seven Saints – Delicious sliders and a robust menu with a fun atmosphere in Champaign.
  6. Hamilton Walker’s – A classic steakhouse located in downtown Champaign.
  7. Encanto – A fun and lively Mexican restaurant with sizzling fajitas in Urbana.
  8. Siam Terrace – Great Thai food and a nice atmosphere in Urbana.
  9. Big Grove Tavern – A beautiful restaurant with American food located in downtown Champaign.