Charles Cole Obtains a Defense Verdict in a Complex Medical Malpractice Case

May 11, 2022 01:55 PM
Charles Cole

Charles Cole, partner in the Chicago office of Lewis Brisbois Bisgaard & Smith LLP and a member of the Medical Malpractice Department, has obtained a defense verdict on May 10, 2022 in a complex medical malpractice case in Kane County, Illinois. This was Chuck’s first jury trial since the courts were shut down due to the pandemic in 2020. The case involved a Wrongful Death claim against an Emergency Medicine Physician for a failure to timely and adequately diagnose and treat the respiratory distress of an 8 month old infant. The defendant physician transferred the child to a facility providing a Pediatric Intensive Care Unit as the child was not responding to the usual treatments in the Emergency Room. Upon arrival at the PICU of the second hospital, the child coded. Efforts at resuscitation were unsuccessful. The cause of death on autopsy was acute myocarditis. Chuck Cole was able to demonstrate that the defendant met the Standard of Care and that the cause of death was unpredictable, unexpected, and not subject to treatment in this timeframe. The jury deliberated for less than three hours. 

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