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 Defense Verdict in Cook County
Physician
Outcome:Defense Verdict
DBS attorneys Robert W. Smyth and Mason W. Kienzle tried a complex medical malpractice case in the Circuit Court of Cook County for over two weeks before Hon. Robert Harris, concluding with a favorable defense verdict on June 12, 2025. Plaintiff claimed that DBS’s client was medically negligent for allegedly failing to work-up and diagnose an infected pseudoaneurysm in the plaintiff’s main artery serving her upper leg (femoral artery). The plaintiff arrived in the emergency room on March 31, 2016, three days after a cardiac catheterization procedure accessed through the femoral artery in right groin. The plaintiff complained of severe groin pain, chest pain, fever and flu-like symptoms. She was admitted to the hospital and an infectious disease consultation was requested. Our client, the infectious disease specialist, diagnosed a mild pneumonia and commenced antibiotic treatment. The plaintiff’s groin pain was tracked, and an ultrasound of the area was negative for injury to the catheterization access artery. Six days following hospital discharge, the plaintiff was diagnosed with a severely infected pseudoaneurysm in the artery accessed for the earlier catheterization. Plaintiff then spent more than one month in the hospital and went through three major vascular surgeries and several other procedures, leading to major debilitation. At trial, the plaintiff contended that the infected pseudoaneurysm was present during the time of our client’s treatment and diagnosis was the responsibility of our client as the infectious disease specialist consulting for possible infection. Mr. Smyth and Mr. Kienzle presented evidence from a renown infectious disease expert and our client successfully demonstrating that there was no evidence of an infected pseudoaneurysm during the time of our client’s treatment, and that it was reasonable to diagnose pneumonia. The plaintiff’s attorney requested more than $8.5 million during closing arguments. The jury returned a verdict in favor of our client.