Herbert & Curshellas Secure Defense Verdict

September 14, 2023
Featuring Scott A. Herbert and Lisa Curshellas
Scott Herbert and Lisa Curshellas secured a defense verdict on behalf of a primary care physician in the Circuit Court of Cook County.  The 34 year old patient alleged that her primary care physician deviated from the standard of care when he prescribed wight loss medication, Phentermine, without advising her of the risks of the medication.  The patient suffered a miscarriage shortly after being prescribed the medication and brought an action for herself and on behalf of the estate of the fetus.  The primary care physican's motion to bar the cause of action under the fetal death statute was granted since no evidence was presented that the physician knew or should have known the patient was pregnant at the time he prescribed the medication.  The defense argued, that per the doctor's custom and practice, he advised plaintiff of the risks of the medication and further asserted Phentermine was not the cause of plaintiff's miscarriage.