NOT GUILTY – FAILURE TO PREVENT SECOND STROKE WHILE HOSPITALIZED

Circuit Court of Cook County Illinois
Counsel: Patricia J. Barker and Jennifer M. Suttle
Demand: $3,000,000
Asked: $12.2 million
Outcome: Not Guilty

On December 3, 2013, Plaintiff, age 76, presented to the emergency room after suffering a “wake-up” stroke. She was admitted to the hospital but was not administered tPA because of the unknown timing of the stroke’s onset. Doctors decided not to administer anticoagulants or antiplatelets due to the presence of petechial hemorrhages within the large right-sided stroke as seen on CT scans. Plaintiff contended defendants were negligent for failing to prescribe antiplatelets on December 6th and thereafter causing plaintiff to sustain a second stroke on December 18, 2013 which led to more severe neurological deficits, including left-sided paralysis, vision impairment and incontinence requiring full-time care and rehabilitation. The defense argued that CT scans on December 5 and December 7th showed ongoing significant brain edema and hemorrhage so the administration of aspirin would have been way too risky if plaintiff ended up requiring neurosurgery due to the brain edema. Moreover, aspirin would not have prevented a second stroke because plaintiff was taking aspirin before the first stroke and plaintiff was contributorily negligent for failing to take statins as prescribed prior to her first stroke. The defense further asserted that most of plaintiff’s ongoing injuries predated the second stroke due to her first stroke and her history of Parkison’s disease since 2006 which would have ultimately required full-time care in the future regardless of the second stroke.