Plaintiff had sudden onset of neck pain, and on 2 consecutive days went to Defendant's ER, was given painkillers and discharged. Four days later he returned to the ER, was diagnosed with a viral infection and was discharged. The next day he collapsed and returned to the ER, and was then transferred to another hospital, where an MRI revealed that he had a spinal epidural abscess. Plaintiff suffered a spinal cord injury as a result of the abscess. Jury verdict of $14 million for Plaintiff. Defendant failed to timely request, prior to verdict, a new trial. Although Plaintiff's counsel's advocacy went outside the bounds of proper argument many times, defense counsel responded with objections, motions to strike, and requests for court to instruct jury to disregard evidence and arguments, and court often granted these requests. (DeARMOND and HOLDER WHITE, concurring.)
Illinois Appellate Court
Civil Court
Medical Malpractice