Not Guilty After Death From MRSA Pneumonia

Circuit Court of Cook County Illinois
Counsel: Anne Scrivner Kuban and Krista Frick
Demand $6.5 Million
Asked: $16.5 million
Outcome: Not Guilty

The decedent presented to the hospital on January 4, 2014 at 1:30AM with complaints of flu-like symptoms, chest pain and shortness of breath. He was evaluated and assessed by the emergency room physician, a named defendant who diagnosed him with community acquired pneumonia. The emergency room physician ordered the administration of IV fluids and antibiotics and contacted the decedent’s primary care physician who accepted the decedent to her service. The emergency room physician’s shift was over so he left at 7:15AM. The decedent remained in the emergency room waiting for a telemetry bed. The decedent began to experience breathing difficulties so the nursing staff notified the decedent’s primary care physician who ordered a BiPap ventilation machine which the decedent and Plaintiff (the decedent’s wife) refused and also refused intubation. At 5:00PM while the decedent was still in the emergency room his admission was changed from Telemetry to the Transitional Care Unit (TCU) and he was transferred at 5:30PM. Once in the TCU, a rapid response was called and the urgent hospitalist, a named defendant responded and again, the decedent and Plaintiff refused BiPap and intubation. The urgent hospitalist administered a small dose of Lasix to address the decedent’s tachycardia and tachypnea. After the decedent’s blood pressure dropped, fluids were administered and the decedent’s blood pressure recovered. The decedent eventually consented to undergo intubation and a central line was placed. The spectrum of antibiotics were broadened and a pulmonologist, a named defendant determined that a bronchoscopy was not needed. The decedent subsequently coded three separate times and died at 5:38AM on January 5, 2014. The cause of death was determined to be MRSA pneumonia.

Plaintiff alleged that the defendants failed to recognize and timely treat sepsis thereby resulting in the decedent’s death. The defense asserted that the decedent’s death was inevitable regardless of treatment and antibiotics due to the virulent toxins of the MRSA infection.