CMV Obtains Not Guilty Verdict in $5 Million Stroke Claim

Featuring David C. Burtker and Kipp B. Cornell

David C. Burtker and Kipp B. Cornell recently secured a not guilty verdict for their clients, NorthShore University HealthSystem and Mark Stern, M.D. in a two-week trial before Judge Janet Brosnahan, Daley Center, Chicago, Illinois.  The jury returned a “not liable” verdict as to all defendants on July 18, 2018.

Plaintiff, the wife of a world renowned criminal defense attorney, alleged that Dr. Stern and NUH were negligent in failing to prescribe anticoagulant medication because Plaintiff was a woman over the age of 65 with a history of atrial fibulation.  Plaintiff also alleged that she had undiagnosed hypertension that increased her risk of stroke from a-fib. Plaintiff then claimed that she suffered a cardioembolic stroke as a result of the failure to be placed on an anticoagulant medication.

At trial, CMV argued that Dr. Stern appropriately assessed Plaintiff’s risk of stroke from atrial fibulation pursuant to the guidelines that were in place at the time of the medical care.  The risk factors and scoring system relied on by Plaintiff were not adopted by the relevant medical associations until a year after the care at issue.  CMV further argued that a clot from the heart was not the cause of Plaintiff’s stroke.  Instead, Plaintiff’s stroke was caused by small vessel disease in the brain and it was unrelated to the cardiac care at issue.

Plaintiff’s counsel requested from the jury $5.1 million. The jury deliberated for 21 minutes and returned a not liable verdict for both defendants.