Malpractice - Verdict in favor of Plaintiff in the amount of US$5,835,000

Case Name:	Celeste and Ignacio Trevino v. Mithcell Sheinkop, M.D. and Michael Lee, M.D.
Case Number:	No. 09 L 010604
Verdict Date:	2015-01-22
Outcome Type:	Jury Verdict
Court:	Trial started on January 2, 2015; verdict rendered on January 22, 2015\n\nAmount of Verdict: $5,835,000\n\n Celeste Trevino\n Pain and Suffering

Plaintiff's Complaint:
Trial started on January 2, 2015; verdict rendered on January 22, 2015\n\nAmount of Verdict: $5,835,000\n\n Celeste Trevino\n Pain and Suffering $1,250,000\n Loss of a normal life $1,500,000\n Emotional Distress $1,250,000\n Disfigurement $ 500,000\n Medical expenses $ 835,000\n\n Ignacio Trevino: Loss of Consortium\n\n Reasonable value of services $250,000\n Reasonable value of society,\n Companionship and sexual\n Relationship $250,000\n\n\n Celeste underwent a right total knee replacement on September 11, 2007, which resulted in a popliteal pseudoaneurysm, causing her to suffer permanent nerve injury and compartment syndrome. The popliteal artery is located in the popliteal fossa, which is the space on the back side of one' leg, behind the knee. A popliteal pseudoaneurysm is an injury to the popliteal artery caused by trauma, in this case a small laceration of the popliteal artery caused during the right total knee replacement performed by Dr. Sheinkop on September 11, 2007 as a hospital known as Noeurologic and Orthopedic Institute of Chicago ("NOIC"). During the days thereafter, blood leaked into the popliteal pseudoaneurysm in Celeste' right calf. The pertinent course of events indicating the signs and symptoms of Celeste' undiagnosed and untreated neurovascular injury is as follows:\n\n Two days after surgery, on September 13, 2007, Celeste started signs and symptoms of a neurovascular injury including the inability to move her right toes, the inability to move her right ankle and numbness of her right foot to her ankle. Those signs and symptoms, along with anemia, edema, and more than expected pain, continued until she was discharged from NOIC on September 15, 2007.

Injury, Damage, or Loss:
On September 15, 2007, Celeste was discharged to Rehabilitation Institute of Chicago at Alexian Brothers Medical Center ("RIC"). Upon her arrival at RIC, Celeste was examined by Dr. Bonita Alexander-Peterson, who immediately recognized that Celeste was suffering a severe post-surgical neurovascular injury to her right leg. On September 16, 2007, Celeste underwent bypass surgery to address the pseudoaneurysm and a two compartment fasciotomy. In the days that followed, Celeste developed compartment syndrome in her leg, which is a build up of fluid that causes pressure inside the compartments of the leg. On September 20, 2007, Celeste underwent four-compartment fasciotomy procedure to release the pressure in all four compartments, a procedure to remove infected tissue, and placement of a wound vac to help remove the infection. Celeste remained hospitalized at ABMC and other facilities until January 28, 2008. Celeste suffered from permanent neurologic injury including dropfoot, paralysis of her ankle and toes and permanent foot numbness.

Defendant's Wrongdoing:
Dr. Sheinkop was brought to the patient' room on September 13, 2007 in response to the signs and symptoms of an injury to the popliteal artery, but failed to even write a note indicating that he was aware of Celeste Trevino' condition. Dr. Sheinkop also failed to recognize and respond to the signs and symptoms of neurovascular injury the morning of September 14 despite the fact that a physical therapist noted that Celeste Trevino was still suffering from the inability to move her toes and ankle. After the morning of September 14, 2007, Dr. Sheinkop failed to have any involvement in the continued care of Celeste despite her on-going neurovascular symptoms.\n\n Defendant, Dr. Lee, is an internist who was the on-call physician at NOIC on September 14, 2007. At 3:30 in the afternoon, Dr. Lee was called to Celeste' bedside to "assess patient' swelling and leg pain." Dr. Lee made no note in the chart in response to this entry and was unable to establish either that he actually came to the bedside or, that if he did, he actually assessed the patient' condition and took action. In fact, there were no progress notes or orders written in response to the call to Dr. Lee to come to the patient' room.\n\n Due to the failure of Dr. Sheinkop and Dr. Lee to assess, recognize and respond to Celeste Trevino' neurovascular symptoms, neither Dr. Sheinkop or Dr. Lee ordered the testing necessary to determine whether she was injured or the extent of her injury. A Doppler Ultrasound of the popliteal artery would have demonstrated an arterial injury, known as a popliteal pseudoaneurysm. Had a diagnosis been made, immediate vascular surgery was necessary to correct the arterial injury and prevent further injury.

Plaintiff's Attorneys:
David A. Axelrod\nJason M. Kleinman\nDavid A. Axelrod & Associates, P.C.\n20 S. Clark St., Suite 2200\nChicago, IL 60603\n312-782-4600\nFax 312-782-3015\nRepresenting Plaintiffs

Defendant's Attorneys:
Ms. Mark Fedota \nFEDOTA CHILDERS, P.C. \n70 W. Madison Street, Suite 3900\nChicago, IL 60602 \n(312) 236-5015\nfax (312) 236-8559 \nAttorney for Mitchell Sheinkop. M.D.\n\nRobert Smyth,\nDONOHUE BROWN MATHEWSON & SMITH, LLP\n140 S. Dearborn Street, Suite 800\nChicago, IL 60603\n(312) 422-0906\nfax (312) 422-0909\nAttorney for Michael Lee, M.D.

Judge/Arbitrator/Mediator:
Honorable Edward Harmening\nRichard J. Daley Center\nChicago, Illinois

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Published on Apr-29-16