Danekas, Acuna Obtain Defense Verdict In Medical Malpractice Case
Swanson, Martin & Bell, LLP attorneys Steven E. Danekas and Jessica Levitt Acuna secured a defense verdict at trial on behalf of their client, an electrophysiologist, in the Circuit Court of Cook County, Illinois.
In this case, the patient suffered a long history of symptomatic atrial fibrillation and underwent a transesophageal echocardiogram (TEE) and electrical cardioversion. Plaintiff filed a suit against Swanson, Martin & Bell, LLP's client, the electrophysiologist, who had recommended the TEE/cardioversion, and the co-defendant, a second year cardiology fellow, who was present for the TEE/cardioversion procedure performed by the attending cardiologist, who was not named as a defendant.
Prior to the procedure, the Plaintiff had a subtherapeutic INR and required bridging post-procedure to reduce his risk of stroke. This was generally agreed upon by all parties. Plaintiff did not receive bridging and had a stroke following discharge. The defendants had conflicting testimonies about whether the co-defendant, former fellow has advised the electrophysiologist about the INR.
At trial, Danekas and Acuna argued that the decision to proceed with bridging therapy was not the duty of their client or the second year cardiology fellow in attendance during the procedure; rather, it was up to the attending cardiologist performing the procedure who was not named as a defendant. Plaintiff asked the jury for at least $21.5 to $22.5 million. After approximately three days of deliberations, the jury returned a verdict for both defendants. The case was tried before Judge Joan Powell.
Steven E. Danekas represents healthcare providers in medical malpractice litigation and clients in product liability, commercial, construction, general casualty and litigation. He negotiates for and achieves the efficient resolution of disputes for his clients. Steve also has extensive trial experience in courts in Illinois and across the United States. Learn more about his 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 her practice here.
