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 Lake County
Physician
Outcome:Defense Verdict.
Sherri Arrigo and Jacinta Reck successfully defended an obstetrician-gynecologist in a wrongful death medical negligence trial in Lake County.
Plaintiff, a 41-year old female, presented to the codefendant hospital at 33 weeks gestation with complaints of epigastric/right upper quadrant pain and was evaluated by the defendant obstetrician who was on-call. Plaintiff reported a history of severe preeclampsia and HELLP Syndrome in a prior pregnancy, as well as a remote history of Hepatitis B. The defendant noted plaintiff was at increased risk for preeclampsia and HELLP Syndrome in the current pregnancy. Plaintiff was admitted to the hospital and lab tests revealed elevated liver function tests and several blood pressures were elevated, consistent with possible preeclampsia/HELLP. However, the majority of the blood pressures were in normal range, the patient’s abdominal pain resolved with TUMS, and the elevated liver enzymes were also consistent with the history of Hepatitis B. Diagnostic testing and monitoring were reassuring for fetal well-being. Following approximately 36 hours of observation, the obstetrician discharged the patient with instructions to follow up with her prenatal provider within the week.
Less than 24 hours after discharge, plaintiff experienced sudden severe abdominal pain with shortness of breath and was transported to the hospital by ambulance. When fetal heart tones could not be found, the obstetrician on call that night performed an emergency cesarean section but the previously healthy baby girl was stillborn. It was undisputed that the stillbirth occurred due to a complete placental abruption caused by severe preeclampsia.
Plaintiff alleged that the defendant physician failed to diagnose severe preeclampsia and HELLP syndrome; and prematurely discharged her from the hospital, proximately causing the stillbirth.
The defense argued that the defendant appropriately evaluated the patient and ordered a comprehensive workup within the standard of care. The plaintiff did not meet the diagnostic criteria for severe preeclampsia or HELLP Syndrome at the time of hospitalization and her discharge with outpatient follow up was reasonable and appropriate. The defense contended that the complete placental abruption was an unpredictable, unpreventable obstetrical catastrophe that resulted in fetal death within minutes; therefore, the outcome would have been no ifferent even if the plaintiff had remained in the hospital.
During Closing Arguments, the plaintiff requested approximately $8 million in damages. After deliberating one hour, the jury returned a verdict for the defense.