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 a Defense Verdict in Cook County
Physicians and Hospital
Outcome:Defense Verdict
On June 9, 2026, Sherri Arrigo, Erin Davis, and Allie Ewert obtained a defense verdict in favor of the firm’s clients, an obstetrician-gynecologist, a urogynecologist, and a major hospital system, following a two-week jury trial in the Circuit Court of Cook County before the Honorable Maureen Hannon.
The case involved a 33-year-old female who underwent a dilation and suction curettage (“D&C”) procedure after being diagnosed with a failed intrauterine pregnancy and miscarriage. After counseling regarding her treatment options, she elected to proceed with the D&C, which was performed on March 8, 2021, by the defendant urogynecologist with assistance from a first-year OB/GYN resident. At the close of plaintiff’s case-in-chief, the Court granted a directed verdict in favor of the resident.
Plaintiff alleged that she developed uterine scarring, amenorrhea, infertility, and Asherman’s syndrome as a result of a negligently performed D&C procedure. She further claimed that defendants failed to properly assess her risk factors and obtain informed consent by inadequately advising her of the risk of uterine scarring. Plaintiff contended that the injuries were caused by improper technique, including the use of a sharp curette, and relied in part on circumstantial evidence to argue that such outcomes do not occur in the absence of negligence. They additionally asserted that defendants’ conduct necessitated subsequent fertility treatment, including assisted reproductive interventions.
The defense established that the D&C procedure performed, consisting of suction curettage with the use of sharp curettage when clinically indicated, was consistent with the applicable standard of care. The defense further demonstrated that the alleged injuries, including intrauterine adhesions and Asherman’s syndrome, are rare but recognized risks of a D&C procedure that can and do occur in the absence of negligence, and may also arise from non-negligent causes such as prior miscarriage, underlying endometrial trauma, infection, or idiopathic processes unrelated to the care at issue.
The plaintiff requested $12.2 million dollars in damages during closing argument. The jury returned a verdict in favor of all defendants.