MEDICAL MALPRACTICE – BOWEL PERFORATION DURING SURGERY LED TO QUADRIPLEGIA
Publication: Cook County Jury Verdict Reporter Published: 1/14/2011
Gwendolyn Tate v Dr. Harrith M. Hasson, Surgery Center at 900 North Michigan Avenue LLC 1OL-2437(refiled from 03L-6090)
Tried Jun. 1-8,2010.
Verdict: $5,173,607: v Surgery Center at 900 North Michigan Avenue LLC, after Dr. Harrith Hasson settled out for his $1,000,000 policy prior to trial.
Judge: Lawrence O’Gara (ILCook-Law)
Pltf Atty(s): Dean Caras and Tara C. Meadows of Dean Caras & Associates DEMAND: $1,000,000 policy ASKED: $8,000,000
Deft Atty(s): Jennifer A. Lowis and Mark J. Smith of Lowis& Gellen for Surgery Center at 900 North Michigan Avenue LLC (American Physicians Assurance) OFFER: none
Pltf Medl: Dr. Christos Galanopoulos (General Surgeon), Dr. Hanith M. Hasson (Ob/Gyn), Dr. Valerie Knight Pasche (Anesthesiologist), Dr. Bruce Ferguson (Internist), Dr. Nader Bozorgi (Ob/Gyn) and Dr. Jay Kiokemeister, D.O. (Anesthesiologist)
Pltf Expert(s): Dr. William Matviuw (Ob/Gyn)
Deft Expert(s); Erica Schwelnus, R.N. (Nursing) for Surgery Center at 900 North Michigan Avenue LLC
Nov. 26, 2002, pltf F-34 sustained a perforated bowel during surgery for chronic pelvic pain and uterine fibroidsat deft ambulatory surgery center. Pltf contended the center negligently discharged her without providingdischarge instructions (including how to take care of herself and what symptoms to watch for). She subsequentlydeveloped a foul-smelling discharge from her incisions, fever, chills, abdominal pain, peritonitis, andcomplications which eventually rendered her a quadriplegic. Pltf currently uses an electric wheelchair and is ableto live independently. The verdict exceeds the Surgery Center’s $1 million policy limit and resulted in a legalmalpractice lawsuit filed by the Center against their counsel in December 2010; according to the suit (10L-14803), the Center subsequently settled with Tate for $2,250,000.