Denning & Bitzer Secure Defense Verdict in High-Profile Medical Malpractice Case

We are proud to announce that Heyl Royster recently secured a defense verdict in a high-profile medical malpractice case in Winnebago County, Illinois. Our client, a regional physicians’ group, was represented by Rockford Office Managing Partner Mike Denning and Senior Associate Kristina Bitzer.

The plaintiff alleged that the group’s employed emergency department physician was negligent in failing to order labs or imaging studies when a 2-year-old female patient was referred by her primary care physician to the emergency department with intermittent fevers and an emerging lump on her neck that was growing rapidly. The ED physician diagnosed and treated the lump as an abscess, but did not believe that basic bloodwork (CBC) or imaging studies were indicated at that time. Tragically, the patient passed away approximately two months later, after an acute decline in health due to B-Cell Acute Lymphoblastic Leukemia (B-ALL). The plaintiff contended that basic labs or imaging would have led to an easy diagnosis and, if diagnosed, the patient would have been successfully treated, as B-ALL has a 90-95% cure rate.

Denning and Bitzer successfully argued that the emergency medicine physician complied with the standard of care when he identified the lump on the child’s neck as an abscess and provided appropriate treatment for it, which allowed it to resolve within the next few weeks. It was undisputed that the child generally returned to her normal state of health for over a month following treatment of the abscess, and thus the defense argued that B-ALL was not present and detectable when she presented to the emergency department. Denning and Bitzer argued that while tragic, the child’s death was unrelated to her presentation to the ED or the care provided by the ED physician.

In closing arguments, the plaintiff requested $24,000,000 in compensation for survival and wrongful death damages. Mike Denning delivered a compassionate but compelling closing argument, and after a brief deliberation, the jury returned a verdict in favor of the physicians’ group.

Heyl Royster has a longstanding history of successfully defending healthcare professionals and organizations in high-stakes cases. We are honored by the continued trust our clients place in us to handle these complex matters.