Our Record of Success

DBS Obtains Defense Verdict in Cook County

On March 3, 2026, Michael J. Borree obtained a defense verdict in favor of the firm’s client, a local ophthalmology group, in a case tried in the Circuit Court of Cook County before Hon Patricia Sheahan.

The patient was diagnosed with a viral infection in her cornea on both December 3 and 7, 2020, by the group’s employed ophthalmologist.    The patient was instructed at the visit of December 7, 2020, to follow up in 30 days.   Plaintiff’s expert contended that because the ophthalmologist’s exam on December 7, 2020 continued to show an active infection in the eye, the standard of care required a visit within a week of December 7, 2020.   The patient thereafter developed severe ocular symptoms on December 25, and a fungal infection was diagnosed in early January at a local Chicago Hospital.    Plaintiff contended that the group’s ophthalmologist would have been able to diagnosis the fungal infection if a visit occurred on December 14, 2020, resulting in earlier treatment.   This earlier diagnosis would have avoided two corneal transplants, glaucoma surgery, and permanent eyesight impairment.

Based upon testimony presented by the firm’s retained expert witness – a world-renowned expert in corneal disease – DBS presented evidence demonstrating that the fungal infection was a secondary infection that developed after the initial viral infection, contracted after the visit of December 7, 2020.   The evidence showed that the fungal infection could not have been present at the initial visits, given improvement of the patient’s symptoms over nearly 3 weeks, prior to severe symptoms (lack of vision, severe pain, and severe headache) occurring on December 25.

The plaintiff requested over $4.7 million in damages during closing argument.   Within 2 hours, the jury returned a defense verdict for the ophthalmologist and the practice group represented by DBS.