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Verdicts

Terrence S. Carden & Johanna L. Tracy successfully defended Mayfield Care Center and won a not guilty finding at trial before Judge James P. McCarthy in Cook County, Illinois. The court entered Judgment in favor of Mayfield and against the Plaintiff on 6/17/15. The court heard evidence in the case between 3/17/15 and 3/23/15. The lawsuit, filed in 2011, was TELISHA LILETON DEAL, as Special Administrator of the Estate of FELICIA LILETON DEAL, Deceased, v. MAYFIELD CARE CENTER, INC. Felicia Deal, 46 years old, was admitted to Mayfield for nursing and rehabilitation care specifically relating to her tracheostomy. On 6/9/10, Ms. Deal complained of shortness of breath and went into respiratory arrest, then cardiac arrest. A Code Blue was called by the Mayfield staff and 911 was called. Ms. Deal was pronounced dead after resuscitation was unsuccessful. Plaintiff claimed that the Mayfield staff did not provide suctioning of Ms. Deal’s tracheostomy pursuant to her doctor’s orders and that the lack of suctioning allowed the build-up of secretions leading Ms. Deal to suffocate and die, leaving a husband and college-age daughter surviving her. Mr. Carden & Ms. Tracy argued that Ms. Deal’s suffocation and death were unavoidable and due to the migration of a mucus plug from the base of her lungs to her upper airway and causing a sudden blockage. Plaintiff had asked the court to award $1,225,000 as compensatory damages, as well as attorneys’ fees and costs.

Terrence S. Carden & Joshua M. Rosenstein successfully defended Nature Trail Health Care Center at trial before Judge David Overstreet on 10/29/14 in Jefferson County, Illinois. The lawsuit, filed in 2012, was JUDITH BECKMAN, as Personal Representative of ROSEMARY F. JACKSON, Deceased, and as Independent Administrator of the Estate of ROSEMARY F. JACKSON, deceased, Plaintiff, v. SSC MOUNT VERNON OPERATING COMPANY, LLC, Defendant. Rosemary Jackson, 85 years old, underwent a colonoscopy on 5/14/10 and then returned to Nature Trail Health Care Center, Mt. Vernon, Illinois, the nursing home where she was receiving rehabilitation services. During the next 4 days, Ms. Jackson was lethargic and had mental status changes. The Plaintiff, decedent's daughter, requested the staff to call the attending physician, but no call was made. On 5/17/10, Ms. Jackson's daughter called the attending doctor about her concerns about her mother and the doctor ordered the Ms. Jackson to be evaluated at the hospital. An ambulance was called, but Ms. Jackson refused to go to the hospital. Plaintiff contended that the nursing staff talked Ms. Jackson out of going to the hospital and should have sent her pursuant to the daughters request due to a power of attorney -- but the Nursing Home staff could not locate a power of attorney form in the records. The following evening, 5/18/10, Ms. Jackson vomited a green substance and her vital signs significantly worsened. Ms. Jackson was sent to the emergency room and she was diagnosed with a perforated colon - presumed to have occurred during the colonoscopy on 5/14/10. Ms. Jackson underwent surgery to remove a portion of her colon and was in ICU in septic shock until her death on 5/25/10. Plaintiff claimed that Ms. Jackson could have had laparoscopic surgery to repair the perforation if she had been sent to the hospital earlier. She experienced pain, suffering and loss of a normal life and ultimately died in excruciating pain on 5/25/10. Plaintiff claims that earlier diagnosis of the perforation would have led to successful treatment and Ms. Jackson would still be alive.

On behalf of Nature Trail Health Care Center, Mr. Carden & Mr. Rosenstein presented expert testimony that the perforation did not occur during the colonoscopy and that there was no significant change in condition until 5/18/10 when Ms. Jackson’s vital signs became worrisome. Further, the defense contended that Ms. Jackson was experiencing a steady downhill course and that her bowel perforation was related to her co-morbid conditions leading to ischemia of the bowel.

This trial is believed to be the first Illinois trial utilizing the I.P.I. 190 series instructions relating to the Nursing Home Care Act. The trial began on 10/20/14 and concluded with a defense verdict on 10/29/14.

On November 3, 2008 Jason M. Sax obtained a not guilty jury verdict in favor of defendant nursing home, Prairie Village Health Care Center, Inc., in the case entitled JOYCE MCLEAN, Independent Administrator of the Estate of JANE PULLINGS, Deceased, vs. PRAIRIE VILLAGE HEALTHCARE CENTER, INC., d/b/a PRAIRIE VILLAGE HEALTHCARE CENTER & JAMES BROHAN, MD, Case No.; 2005 L 11, filed in the Circuit Court of Morgan County, Illinois. The plaintiffs claimed the facility failed to provide proper tube feeding calories and protein, failed to provide sufficient fluid intake, failed to properly monitor plaintiff's metabolic status and filed to timely notify the attending physician of significant changes which ultimately caused severe malnutrition, dehydration and subsequently, death. The jury entered a verdict of not guilty for all defendants.

In June, 2002 J. Scott Myers obtained a "not guilty" verdict in favor of Covenant Ministries in the case entitled PLECHATY v. COVENANT MINISTRIES, Case No. 00 LK 0200, filed in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois. Plaintiffs, 89, was a volunteer worker in a retirement hotel facility, tripped and fell over a rubber mat in a hallway. Defendant denied liability. Fractured hip, dropped foot, $126,000 medicals. Demand $175K, Offer: None. Asked: $378K.