Bruer and Buckley Obtain Defense Verdict in High-Stakes Medical Malpractice Case
Swanson, Martin & Bell, LLP attorneys Elizabeth A. Bruer and Shannon E. Buckley secured a defense verdict at trial on behalf of their client, a surgeon and physician group, in the Circuit Court of Cook County, Illinois.In this case, plaintiff underwent an above-the-knee amputation due to complex femur fracture and vascular injury following a motorcycle crash. He was initially brought to a Level II trauma center, where he was suspected to have a vascular injury, but no vascular surgery services were available, requiring a transfer to a higher level of care at a Level I trauma center. Shortly before trial, the plaintiff resolved the case with all other defendants and proceeded against the defendant trauma surgeon and his employer, a physician group.
Plaintiff alleged the defendant trauma surgeon failed to comply with hospital policies, and failed to arrive, manage, treat and transport the patient to a higher level of care in a timely manner. At trial, Bruer and Buckley argued that the emergency department staff at the Level II trauma center were capable and efficient in transferring the patient to a higher level of care, and delays were attributable to weather. The defendant trauma surgeon was not required to arrive at the hospital, and waiting for his arrival would have only delayed the patient’s transfer. Defense experts testified that the trauma surgeon complied with the standard of care, that patient care is not dictated by policies alone, and that the patient’s injury was so severe and complex that his leg was not salvageable.
The Plaintiff asked the jury for $53.4 million. Following a five-week trial, the jury returned a verdict for the defense. The case was tried before Judge Thomas V. Lyons II.
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.
Shannon E. Buckley focuses her practice on healthcare and commercial litigation, representing medical systems, hospitals, physician groups, and individual medical providers in medical negligence cases in Cook County and collar counties across Illinois. Learn more about Shannon and her practice here.
