Swanson, Martin & Bell, LLP Secures Defense Verdict in Complex Medical Negligence Case
Swanson, Martin & Bell, LLP attorneys Aiju C. Thevatheril and Shannon E. Buckley achieved a defense verdict for a Chicago-area hospital and physical therapist in a challenging medical negligence case.
The case involved a pediatric patient with generalized lymphatic anomaly (GLA), a rare and progressive condition that affects bone density. The patient had a history of multiple fractures prior to 2019 and was recovering from a femur fracture. In July 2019, the patient went to the hospital’s physical therapy department for an evaluation. During the session, the patient fell and suffered multiple fractures, including injuries to both arms and legs. The plaintiff claimed that the physical therapist deviated from the standard of care by failing to conduct a thorough evaluation and that the hospital should have had a policy requiring physical therapists to review prior home health records. Plaintiff sought damages exceeding $33.9 million.
During the trial, experts in physical therapy and rehabilitation opined that the PT and hospital complied with the applicable standard of care. Leading specialists in pediatric orthopedics, pediatric hematology/oncology, and pediatric physical medicine and rehabilitation opined that the patient had recovered to his functional baseline seven months after the injury, and that his underlying condition, GLA, was the reason for his long-term functional outcome.
After careful deliberation, the jury returned a verdict in favor of all defendants. The case was tried before Judge Maureen Hannon in Cook County.
Aiju C. Thevatheril focuses his practice on the defense of medical negligence and catastrophic injury claims. He represents hospitals and healthcare providers in cases involving professional negligence, particularly those with catastrophic damage. Aiju serves as panel counsel for numerous healthcare institutions and insurance companies. He is involved in all aspects of the defense and resolution of complex and high-stakes medical malpractice claims, from discovery through trial and appeal. Learn more about Aiju and his practice here.
Shannon E. Buckley specializes in healthcare and commercial litigation, focusing on resolving disputes through negotiations and taking cases to trial when necessary. She successfully represents medical systems, hospitals, physician groups, and individual medical providers in medical negligence cases throughout Cook County and the surrounding collar counties in Illinois. Understanding the personal and stressful nature of these lawsuits for medical providers, Shannon is dedicated to guiding her clients through the litigation process. Learn more about Shannon and her practice here.