SBH Attorneys Mark Smith and Caroline Keig successfully defended a local hospital, two cardiologists, and a hospitalist for their treatment of a sixty-seven-year-old man admitted for cardioversion. Approximately four hours after the procedure, the patient developed respiratory failure, received treatment during a rapid response and was transferred to the ICU, where he later arrested and died despite vigorous efforts to resuscitate him. Plaintiff claimed the physicians failed to properly assess the patient’s condition and timely intubate him during and after the rapid response. Plaintiff claimed intubation would have prevented the patient’s death from respiratory arrest. Attorneys Smith and Keig argued Bilevel Positive Air Pressure (BiPap), a non-invasive form of ventilation, was producing improvement in the patient’s condition, intubation was not warranted, and because his arrest was cardiac, not respiratory, intubation would not have prevented his death. Plaintiff asked the jury to award a minimum $3.75 million to compensate the Estate for Survival Act and Wrongful Death claims. After approximately eight hours of deliberations, the jury returned a verdict in favor of all defendants. The case was tried in the Circuit Court of Cook County before Judge Elizabeth Budzinski.
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