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Chicago, October 23, 2023

Bruer and Acuna Obtain Defense Verdict In Medical Malpractice Case

Swanson, Martin & Bell, LLP attorneys Elizabeth A. Bruer and Jessica Levitt Acuna secured a defense verdict at trial on behalf of their client, a prominent hospital, in the Circuit Court of DuPage County, Illinois.

In this case, the plaintiff alleged that the defendants failed to properly assess the plaintiff’s mother, a 66 year old woman who had undergone quadruple bypass surgery, and failed to communicate about the level of care her mother needed postoperatively.  The plaintiff argued that her mother experienced a wound dehiscence, with resulting infection and multiple surgical procedures, leading to her death at the age of 67. 

Defense experts established that the hospital’s employees appropriately assessed the decedent and properly communicated as a team to determine her appropriate level of care following surgery.  They further established that the plaintiff’s mother died as a result of her long-standing medical problems and not because of a wound or later wound infection.

At trial, Bruer and Acuna highlighted that the plaintiff’s decedent was seen by multiple doctors, nurses, therapists and techs, who all provided good and reasonable care to a woman who was very sick and debilitated.  Despite the best efforts of the whole care team, the decedent experienced an unpreventable injury during the course of her necessary rehabilitation.

Plaintiff asked the jury for over $2.35 million. After approximately 40 minutes of deliberations, the jury returned a verdict for the defense. The case was tried before Judge Kappas.

Elizabeth Bruer focuses her practice in the representation of hospitals, physicians, nurses, and other health care providers. Since joining the firm in 2002, Elizabeth has tried jury trials in medical negligence, product liability, and transportation matters.  Learn more about Elizabeth and her practice here.

Jessica Levitt Acuna focuses her practice on the defense of hospitals, physicians, nurses, and other healthcare providers in medical negligence cases. Additionally, she represents clients in other general tort matters, including premises liability cases. Learn more about Jessica and her practice here.

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