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 Cook County

April 8, 2025
Client:

Hospital

Outcome:

Defense Verdict.

Synopsis:

On April 8, 2025, Stetson Atwood and Allie Ewert obtained a defense verdict for a local hospital system in a case tried in the Circuit Court of Cook County before Hon. Robert Harris. The plaintiff alleged that the hospital through the actions of two anesthesiologists, was medically negligent in the administration of epidural anesthetics and two blood patches in July 2013.

On July 16, 2013, the plaintiff received a combined spinal epidural. On July 19, it was documented that the plaintiff was experiencing a post-dural puncture headache.  An epidural blood patch was administered that same day to repair the puncture. The blood patch provided limited relief because only 8 ccs of blood were injected, as the plaintiff began to feel pressure and pain. A second blood patch procedure was performed the following day, after which the plaintiff’s headache pain significantly improved, and plaintiff was discharged from the hospital.

The plaintiff contended that a blood patch should have been administered within 24-48 hours and required 15–20 ccs of blood to be injected. These alleged deviations purportedly caused the leakage of spinal fluid resulting in inflammation of the nerves at L4-L5, aggravating plaintiff’s pre-existing degenerative disc disease. The defense contended that the blood patch on July 19 was timely and properly performed.  Further, there was no link between the plaintiff’s alleged injuries and the blood patches; instead, the plaintiff’s back pain was attributed to her degenerative disc disease.

After the plaintiff’s attorneys requested $8,725,500 in damages during closing arguments, the jury returned a verdict for the hospital.