Heyl Royster

Denning and D’Agnolo Protect Physician from $39 million Verdict

Posted on October 4, 2023 at 10:00 AM by Lindsey D'Agnolo, Michael Denning

Mike Denning and Lindsey D'Agnolo of the firm’s Rockford office recently tried a complicated medical negligence case involving allegations that their client, a pain management physician, negligently caused the plaintiff to suffer an epidural abscess leading to paralysis. In the 4 week-long trial, plaintiff claimed that the defendant’s performance of six lumbar facet joint injections led to the development of an epidural abscess in the plaintiff’s thoracic spine. Plaintiff alleged that the defendant negligently used Betadine to prepare the skin for the injection, causing infection, and that the defendant’s office staff negligently responded to phone calls from the patient several days after the procedure, delaying diagnosis.

In closing argument, the plaintiff asked for $34 million to $39 million in damages. Mike and Lindsey aggressively defended both the liability and damages aspects of the case. Their trial presentation mirrored the defendant’s professional, reasonable approach to the facts of the case and allowed the defendant to display his passion for caring for his patients. After closing arguments, the jury deliberated for nearly two days, but could not come to a consensus. The court acknowledged the hung jury, declared a mistrial and set the matter for a new trial date. Juror interviews indicated they were leaning 10-2 and eventually 11-1 for the defense. The firm's client was dismissed from the retrial, and the case continued for a period of time against another defendant.

Mike and Lindsey were pleased to secure this successful result for the local physician, who remains an important and impressive fixture in the local community.

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