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
Hospital and Physician
Outcome:Defense Verdict
On June 11, 2026, DBS Attorneys Stetson Atwood, Ashley Dus and Michael Domasik obtained a defense verdict in favor of a pediatric emergency medicine physician and a children’s hospital, following a three-week trial in the Circuit Court of Cook County before the Honorable Joan Powell.
The case involved a 4-year-old female who was admitted to the emergency department with a chief complaint of an elevated fever. She had a prior diagnosis of neutropenia, a condition characterized by abnormally low levels of neutrophils. During the visit at issue, a complete blood count confirmed that her neutrophil levels were within normal limits and that she was not neutropenic. As part of her evaluation, the pediatric emergency medicine physician ordered a comprehensive infectious workup, including a urinalysis, Group A strep culture, urine culture, chest x-ray, and blood culture. The results of these studies were negative for any type of bacterial infection. The patient was discharged in stable condition with instructions to follow up with her pediatrician within two to four days. Several days later, she returned to the emergency department and was diagnosed with bacterial meningitis.
The plaintiffs claimed that the pediatric emergency medicine physician failed to administer IV antibiotics during the initial emergency department visit to treat a potential bacterial infection. The plaintiffs argued that the alleged failure to treat the potential bacterial infection led to the development of bacterial meningitis and resulting hearing loss.
The defense established that there was no clinical or laboratory evidence of a bacterial infection at the time of the initial presentation and, therefore, no indication for antibiotic therapy. The defense further demonstrated that the pediatric emergency medicine physician performed an appropriate and thorough evaluation in light of the patient’s history of neutropenia and took all reasonable steps to assess and manage her condition. The evidence also supported that the bacterial infection developed days after the initial visit, and that no earlier intervention would have changed the patient’s outcome.
During the course of trial, the DBS team also obtained a directed verdict in favor of the consulting pediatric hematologist.
The plaintiffs requested $4 million in damages during closing arguments. The jury returned a verdict in favor of the defense.