Our Record of Success

DBS Obtains a Defense Verdict in Cook County

On July 9, 2025, DBS partners Michael Borree and David Duffey obtained a defense verdict in favor of the firm’s clients at a medical malpractice trial held before Hon. Gerald Cleary in the Circuit Court of Cook County.   The trial was held between June 16 and July 9.    The firm represented a cardiologist and his practice group.    The cardiologist evaluated the 65-year-old male patient during an office visit in January 2019, at which time the patient had severe hypertension for which the cardiologist prescribed new medications.    Thereafter, in June 2019, the patient was scheduled to undergo a hernia repair surgery with a co-defendant surgeon.   The cardiologist was asked to provide clearance for the surgery.   Plaintiff alleged that the cardiologist was medically negligent in failing to schedule an office visit with the patient to determine the status of the patient’s hypertension prior to providing the clearance for the surgery.   The cardiologist and his practice group issued a communication to the surgeon stating that the patient was at low-to-moderate risk for a cardiac event during surgery, (without requesting that the patient be evaluated before the surgery).     Plaintiff alleged that the failure to see the patient resulted in the patient’s blood pressure not being optimized at time of surgery.  On the day of surgery, the patient’s hypertension persisted.  Plaintiff alleged that, during surgery, a significant drop in blood pressure from anesthesia caused a massive stroke, rendering the patient severely disabled.  Mr. Borree and Mr. Duffey presented testimony from several experts demonstrating that the stroke did not occur during the surgery.   Rather, expert testimony was presented that the stroke occurred following surgery in the post-anesthesia care unit, and that the drop in blood pressure was not the cause of the stroke.   Opinion testimony was presented by defense experts showing that patient sustained an unpredictable embolic stroke hours after conclusion of the surgery, which was unrelated to blood pressure.    The firm’s partners also presented testimony from the firm’s client and a cardiology expert demonstrating that an office visit prior to a low-risk and elective surgery was not required to provide cardiac clearance for the surgery.    After the plaintiff’s attorneys requested an award of between $15 million and $21 million in closing argument, the jury returned a verdict for the firm’s clients and the co-defendant surgeon in approximately 90 minutes.