Complaint 2 - Med Mal Suit for Negligent Care and Injuries with Doctor's Affidavit

Download PDF Version


COMPLAINT AT LAW

NOW COME Plaintiffs, JAYDEN N. SMITH, a Minor, by his father and Next Friend, NICHOLAS SMITH, and NICHOLAS SMITH, Individually, by and through their attorneys, SOMMERS SCHWARTZ, P.C., and LAW OFFICES OF J. THOMAS CHUTE, complaining against the above-named Defendants, state:

GENERAL ALLEGATIONS

1. That NICHOLAS SMITH has been duly appointed Next Friend of JAYDEN N. SMITH, a minor under the age of eighteen (18) years.

2. That Plaintiff, NICHOLAS SMITH, is the natural parent of Minor Plaintiff, JAYDEN N. SMITH.

3. That at all times pertinent hereto, Plaintiffs were residents of the City of Aurora, County of Kane, State of Illinois.

COUNT I
MEDICAL NEGLIGENCE CLAIM ON BEHALF OF MINOR PLAINTIF RELATING CARE PROVIDED BY DEFENDANT RUSH-COPLEY MEDICAL CENTER INC, ITS AGENTS. SERVANTS AND/OR EMPLOYEES

4. NICHOLAS SMITH, as the Father and Next Friend of the Minor Plaintiff, JAYDEN N. SMITH, repeats and realleges each and every allegation contained in paragraphs 1 through 3 of the General Allegations with the same force and effect as though more fully set forth herein.

5. That Defendant RUSH-COPLEY MEDICAL CENTER, INC., is an Illinois corporation duly organized and existing under and by virtue of the laws of the State of Illinois (sometimes hereinafter referred to as Defendant “MEDICAL CENTER”), and operates Defendant MEDICAL CENTER in the City of Aurora, County of Kane, State of Illinois; and, at all times pertinent hereto and for many years past, said Defendant had been engaged in the operation and maintenance of said MEDICAL CENTER where persons afflicted with illness and disease are given care and treatment for a consideration.

6. That at all times pertinent hereto, Defendant RUSH-COPLEY MEDICAL CENTER represented and held out to the public, and, in particular, to SARAH B. NELSON, mother of Minor Plaintiff JAYDEN N. SMITH, that its MEDICAL CENTER was equipped, qualified, and prepared to receive the public and, in particular, SARAH B. NELSON and her then unborn child, Minor Plaintiff, JAYDEN N. SMITH, for treatment and care and that it employed and maintained on its staff skilled and competent physicians, surgeons, obstetricians, gynecologists, anesthesiologists, pediatricians, residents, interns, nurses and, in 1 general, otherwise competent help in the conduct and operation of said MEDICAL CENTER.

7. That at all times pertinent hereto, Defendant, NIZAR F. OLABI, D.O., was the apparent, ostensible, express and/or implied agent, servant, and or was employed by Defendant RUSH-COPLEY MEDICAL CENTER, and was acting within the course and scope of said employment and/or agency when the acts of negligence and malpractice, herein set forth and described, were committed, thereby imposing vicarious liability on Defendant RUSH-COPLEY MEDICAL CENTER by reason of the doctrine of Respondeat Superior.

8. That Defendant RUSH-COPLEY MEDICAL CENTER is responsible for its MEDICAL CENTER, the selection of its medical staff, and for the quality of care rendered in said MEDICAL CENTER.

9. That on or about April 4, 2007, and many times thereafter, SARAH B. NELSON, the mother of Minor Plaintiff JAYDEN N. SMITH, did deliver and submit herself to Defendant RUSH-COPLEY MEDICAL CENTER for the purpose of obtaining medical care and treatment, and SARAH B. NELSON did, then and there, impliedly and/or expressly, hire and employ Defendant RUSH-COPLEY MEDICAL CENTER, its agents, servants and/or employees, including, but not limited to, NIZAR F. OLABI, D.O., to do that which was proper and necessary in the premises, in accordance with the standards of hospitals and physicians then prevailing throughout the nation, and that Defendant RUSH COPLEY MEDICAL CENTER did, then and there, impliedly and/or expressly, represent to use due, reasonable, and proper skill in the care and treatment of SARAH B. NELSON and her then unborn child, Minor Plaintiff JAYDEN N. SMITH, in accordance with the standards then prevailing throughout the nation.

10. That on XX/XX/2007, Minor Plaintiff JAYDEN N. SMITH was born prematurely. 1

11. That at all times pertinent hereto Defendant RUSH-COPLEY MEDICAL CENTER, by and through its duly authorized agents, servants, and/or employees, undertook to examine, diagnose, treat, attend and care for SARAH B. NELSON and her then unborn child, Minor Plaintiff JAYDEN N. SMITH.

12. That at all times pertinent hereto, Defendant RUSH-COPLEY MEDICAL CENTER, by and through its duly authorized agents, servants, and/or employees, had the duty to provide SARAH B. NELSON and her then unborn child, Minor Plaintiff JAYDEN N. SMITH, with the services of a competent, qualified, and licensed staff of physicians, surgeons, obstetricians, gynecologists, pediatricians, anesthesiologists, radiologists, residents, interns, nurses, and other employees to properly diagnose the condition of SARAH B. NELSON and her then unborn child, Minor Plaintiff JAYDEN N. SMITH, and to render competent advice and assistance in the care and treatment of their case, and to render the same in accordance with the standards of care prevailing throughout the nation.

13. That Defendant RUSH-COPLEY MEDICAL CENTER owed Plaintiff the duty to provide her with physicians, surgeons, obstetricians, gynecologists, specialists, professional nursing, technical and support personnel along with the technical, diagnostic and treatment services and equipment necessary to assure the safe performance of the health care undertaken by or in their facility.

14. That Defendant, RUSH-COPLEY MEDICAL CENTER, by and through its duly authorized agents, servants, and/or employees, including but not limited to Defendant, NIZAR F. OLABI, D.O., in disregard of the duties and obligations owed to SARAH B. NELSON and her then unborn child, Minor Plaintiff JAYDEN N. SMITH, and at variance to the applicable standards of care, were guilty of negligence and malpractice in the following particulars:

a. Employing physicians and other personnel who were unskilled and 3 untrained for such employment and in permitting them to attend, advise, diagnose, and treat SARAH B. NELSON and her then unborn child, Minor Plaintiff JAYDEN N. SMITH;

b. Failing and neglecting to employ physicians, surgeons, obstetricians, gynecologists, residents, interns, nurses, and other medical personnel, who possessed that degree of skill and learning ordinarily possessed by such individuals, all of which could and should have been accomplished;

c. Failing to properly treat SARAH B. NELSON in accordance with the standard of care for physicians specializing in Obstetrics and Gynecology;

d. Failing to obtain a proper history and perform a thorough examination of SARAH B. NELSON, giving special attention to Ms. Nelson's complaints of continued abdominal pain and a medical history that included 23 weeks gestation and laparoscopic appendectomy 4 weeks earlier;

e. Failing to properly treat SARAH B. NELSON following an ultrasound that identified “fluid in right and left paracolic gutters” by ordering a CT scan to rule out or determine the existence of intra-abdominal abscess;

f. Failing to immediately admit SARAH B. NELSON to RUSH-COPLEY MEDICAL CENTER for emergent evaluation and treatment once it was determined, after proper evaluation and interaction with the patient, that intra-abdominal abscess was a likely diagnosis;

g. Failing to immediately administer appropriate antibiotic therapy and/or drain the fluid that was identified in the right and left paracolic gutters so as to timely and properly treat the intra-abdominal abscesses that had developed.

h. Negligently and improperly discharging SARAH B. NELSON on May 8, 2007, given the findings on the ultrasound of “fluid in right and left paracolic gutters” and an elevated WBC, with the incorrect diagnosis of probable round ligament pain, and prescribing Vicodin and a heating pad.

i. Negligently and improperly discharging SARAH B. NELSON on 2 May 8, 2007, allowing an infectious intra-abdominal abscess process to continue and thereby causing the preterm labor and delivery of Plaintiff Minor, JAYDEN N. SMITH, at 24 weeks, resulting in severe and permanent injury suffered by this child, all of which could and should have been avoided;

j. Properly, fully and completely refrain from other acts or omissions g constituting malpractice and professional negligence to be discovered.

k. Any and all other additional breaches of the standard of care which may be revealed throughout the course of discovery in this matter given that additional information will, necessarily, come to light through deposition and the production of additional medical records, imaging studies and the like.

l. Failing and neglecting to draft, promulgate, adopt, implement, and/or enforce appropriate rules, regulations, policies, procedures, and orders which would and should have resulted in the appropriate and timely treatment of SARAH B. NELSON and her then unborn son, Minor Plaintiff JAYDEN N. SMITH, as alleged and set forth above, all of which could and should have been accomplished.

15. That as a direct and proximate result of the negligence and malpractice of Defendant RUSH-COPLEY MEDICAL CENTER, by and through its duly authorized agents, servants and/or employees, including but not limited to NIZAR F. OLABI, D.O., Minor Plaintiff JAYDEN N. SMITH was caused to be delivered prematurely at 24 weeks resulting in severe and grievous injuries, including, but not limited to, central nervous system damage with mental and motor deficits and global developmental delay; and requires special care and treatment, and will, for the remainder of his natural life, be required to receive special care and treatment, education, and training.

16. That as a further direct and proximate result of the negligence and malpractice of Defendant RUSH-COPLEY MEDICAL CENTER, by and through its duly authorized agents, servants and/or employees, including, but not limited to NIZAR F. OLABI, D.O., as hereinbefore alleged. Minor Plaintiff JAYDEN N. SMITH has been required to undergo extensive medical care and treatment, and Minor Plaintiff will be required to undergo medical and care and treatment in the future requiring Minor Plaintiff to incur expenses and obligations for medical expenses, including, but not limited to, therapists, nurses, physicians, hospitals, and medicinal substances and things to assist and aid in the caring of Minor Plaintiff so as to permit him to function and live to the extent that is now possible.

17. That as a further direct and proximate result of the negligence and malpractice of Defendant RUSH-COPLEY MEDICAL CENTER, by and through its duly authorized agents, servants and/or employees, including but not limited to NIZAR F. OLABI, D.O., as hereinbefore alleged, Minor Plaintiff JAYDEN N. SMITH has suffered a deprivation of the normal enjoyments of life, as well as suffering pain, disability, disfigurement, humiliation, embarrassment, frustration, diminution of earning capacity, mental and emotional anguish and anxiety.

18. That all of the hereinbefore-named conditions, developments, and sequelae are as a consequence of the negligence and malpractice of the agents, servants and/or employees of Defendant RUSH-COPLEY MEDICAL CENTER and are permanent in nature.

19. That the Affidavit of Plaintiffs' Attorney and Report of Reviewing Health Professional are filed herewith.

WHEREFORE, NICHOLAS SMITH, as the Father and Next Friend of the Minor Plaintiff, JAYDEN N. SMITH, asks judgment against the Defendant, RUSH-COPLEY MEDICAL CENTER, an Illinois corporation, in an amount in excess of the jurisdictional amount required for filing in the Circuit Court of Kane County Illinois.

COUNT II
MEDICAL NEGLIGENCE CLAIM ON BEHALF OF MINOR PLAINTIFF RELATING TO CARE PROVIDED BY DEFENDANT, NIZAR F. OLABI, D.O.

20. NICHOLAS SMITH, as the Father and Next Friend of the Minor Plaintiff, JAYDEN N. SMITH, repeats and re-alleges each and every allegation contained in paragraphs 1 through 3 of the General Allegations, and paragraphs 1 through 19, inclusive of COUNT I of this Complaint, with the same force and effect as though more fully set forth herein.

21. That at all times pertinent hereto, Defendant NIZAR F. OLABI, D.O., was engaged in the practice of his profession in the City of Aurora, County of Kane, State of Illinois, and held himself out to the public and, in particular, to SARAH B. NELSON, the mother of Plaintiff Minor, JAYDEN N. SMITH, as a skilled and competent medical doctor, specializing in the field of Obstetrics and Gynecology, capable of properly and skillfully treating and caring for individuals seeking his services.

22. That at all times pertinent hereto, Defendant NIZAR F. OLABI, D.O., was the express and/or implied agent, servant, and/or employee of the Defendant, RUSH-COPLEY MEDICAL CENTER, and at all times pertinent hereto, was acting within the course and scope of said employment and/or agency when the acts of negligence and malpractice , hereinafter set forth and described, were committed, thereby imposing vicarious liability on Defendant RUSH-COPLEY MEDICAL CENTER, by reason of the doctrine of Respondeat Superior.

23. That on or about May 8, 2007, SARAH B. NELSON, the mother of Minor Plaintiff, JAYDEN N. SMITH, did deliver and submit herself to the Defendant RUSH-COPLEY MEDICAL CENTER for the purpose of obtaining medical care and treatment, and came under the care of Defendant NIZAR F. OLABI, D.O.; and SARAH B. NELSON did, then and there, impliedly and/or expressly hire and employ Defendant, RUSH-COPLEY MEDICAL CENTER and its agent, servant and/or employee, Defendant NIZAR F. OLABI, D.O., to do that which was proper and necessary in the premises, in accordance with the standards of medical physicians and surgeons, specializing in the field of Obstetrics and Gynecology, then prevailing throughout the nation, and said Defendant, RUSH-COPLEY MEDICAL CENTER and NIZAR F. OLABI, D.O., did, then and there, impliedly and/or expressly, represent to use due, reasonable and proper skill in the care and treatment of SARAH B. NELSON and her then unborn child, Minor Plaintiff, JAYDEN N. SMITH, in accordance with the standards then prevailing throughout the nation.

24. That at all times pertinent hereto, Defendant, NIZAR F. OLABI, D.O., undertook to examine, diagnose, treat, attend and care for SARAH B. NELSON and her then unborn child, Minor Plaintiff, JAYDEN N. SMITH.

25. That at all times pertinent hereto, Defendant, NIZAR F. OLABI, D.O., owed SARAH B. NELSON and her then unborn child, Minor Plaintiff, JAYDEN N. SMITH, the duty to possess that reasonable degree of learning and skill that is ordinarily possessed by doctors and surgeons specializing in the field of Obstetrics and Gynecology, and to use reasonable care and diligence in the exercise of his skills and the application of his learning in the care and treatment of SARAH B. NELSON and her then unborn child, Minor Plaintiff, JAYDEN N. SMITH, and to render same in accordance with the applicable standards of care prevailing throughout the nation.

26. That on or about May 8, 2007, SARAH B. NELSON, the mother of Minor Plaintiff JAYDEN N. SMITH, did deliver and submit herself to Defendant RUSH-COPLEY MEDICAL CENTER for the purpose of obtaining medical care and treatment, and on XX/XX/2007, Minor Plaintiff, JAYDEN N. SMITH, was born prematurely.

27. That Defendant, NIZAR F. OLABI, D.O., in disregard to the duties and obligations owed to SARAH B. NELSON and her then unborn child, Minor Plaintiff, JAYDEN N. SMITH, and at variance to the applicable standards of care, was guilty of negligence and malpractice in the following particulars:

a. Failing to properly treat SARAH B. NELSON in accordance with the standard of care for physicians specializing in Obstetrics and Gynecology;

b. Failing to obtain a proper history and perform a thorough examination of SARAH B. NELSON, giving special attention to Ms. Nelson's complaints of continued abdominal pain and a medical history that included 23 weeks gestation and laparoscopic appendectomy 4 weeks earlier;

c. Failing to properly treat SARAH B. NELSON following an ultrasound that identified “fluid in right and left paracolic gutters” by ordering a CT scan to rule out or determine the existence of intra-abdominal abscess;

d. Failing to immediately admit SARAH B. NELSON to RUSH-COPLEY MEDICAL CENTER for emergent evaluation and treatment once it was determined, after proper evaluation and interaction with the patient, that intra-abdominal abscess was a likely diagnosis;

e. Failing to immediately administer appropriate antibiotic therapy and/or drain the fluid that was identified in the right and left paracolic gutters so as to timely and properly treat the intra-abdominal abscesses that had developed.

f. Negligently and improperly discharging SARAH B. NELSON on May 8, 2007, given a medical history for recent appendectomy, findings on the ultrasound of “fluid in right and left paracolic gutters and an elevated WBC, with the incorrect diagnosis of probable round ligament pain, and prescribing Vicodin and a heating pad.

g. Negligently and improperly discharging SARAH B. NELSON on May 8, 2007, allowing an infectious intra-abdominal abscess process to continue and thereby causing the preterm labor and delivery of Plaintiff Minor, JAYDEN N. SMITH, at 24 weeks, resulting in severe and permanent injury suffered by this child, all of which could and should have been avoided;

h. Properly, fully and completely refrain from other acts or omissions constituting malpractice and professional negligence to be discovered.

i. Any and all other additional breaches of the standard of care which may be revealed throughout the course of discovery in this matter given that additional Information will, necessarily, come to light through deposition and the production of additional medical records, Imaging studies and the like.

28. That as a direct and proximate result of the negligence and malpractice of Defendant NIZAR F. OLABI, D.O., Minor Plaintiff JAYDEN N. SMITH was caused to be delivered prematurely at 24 weeks resulting in severe and grievous injuries, including, but not limited to, central nervous system damage with mental and motor deficits and global developmental delay; and requires special care and treatment, and will, for the remainder of his natural life, be required to receive special care and treatment, education, and training.

29. That as a further direct and proximate result of the negligence and malpractice of Defendant NIZAR F. OLABI, D.O., as hereinbefore alleged, Minor Plaintiff JAYDEN N. SMITH has been required to undergo extensive medical care and treatment, and Minor Plaintiff will be required to undergo medical and care and treatment in the future requiring Minor Plaintiff to incur expenses and obligations for medical expenses, including, but not limited to, therapists, nurses, physicians, hospitals, and medicinal substances and things to assist and aid in the caring of Minor Plaintiff so as to permit him to function and live to the extent that is now possible.

30. That as a further direct and proximate result of the negligence and malpractice of Defendant NIZAR F. OLABI, D.O., as hereinbefore alleged, Minor Plaintiff JAYDEN N. SMITH has suffered a deprivation of the normal enjoyments of life, as well as suffering pain, disability, disfigurement, humiliation, embarrassment, frustration, diminution of earning capacity, mental and emotional anguish and anxiety.

31. That all of the hereinbefore-named conditions, developments, and sequelae are as a consequence of the negligence and malpractice of Defendant NIZAR F. OLABI, D.O., and are permanent in nature.

32. That the Affidavit of Plaintiffs' Attorney and Report of Reviewing Health Professional are filed herewith.

WHEREFORE, NICHOLAS SMITH, as the Father and Next Friend of the Minor Plaintiff, JAYDEN N. SMITH, asks judgment against the Defendant, NIZAR F. OLABI, D.O., in an amount in excess of the jurisdictional amount required for filing in the Circuit Court of Kane County Illinois.

COUNT III
DAMAGE CLAIM ON BEHALF OF ADULT PLAINTIFF RELATING TO INJURIES SUSTAINED BY MINOR PLAINTIFF AS A RESULT O NEGLIGENT MEDICAL CARE PROVIDED BY DEFENDANT

33. Plaintiff, NICHOLAS SMITH, repeats and re-alleges each and every allegation contained in paragraphs 1 through 3 of the General Allegations, and paragraphs 1 through 32, inclusive of COUNT I and COUNT II of this Complaint, with the same force and effect as though more fully set forth herein.

34. That as a direct and proximate result of the negligence and malpractice of the Defendants, as hereinbefore alleged, Plaintiff NICHOLAS SMITH has been required to expend large sums of money on behalf of his son, Minor Plaintiff JAYDEN N. SMITH, for doctors, nurses, hospitals, therapists, medicines and things, and will be required to expend similar sums in the future.

35. That as a further direct and proximate result of the negligence and malpractice of the Defendants, as hereinbefore alleged, Plaintiff NICHOLAS SMITH has been required to expend extraordinary time and energy for the special care and attention rendered to his son, Minor Plaintiff JAYDEN N. SMITH, including, but not limited to, nursing care, physical and occupational therapy, hospital and doctor visits, special education and training. That, as a consequence thereof, said Plaintiff requests compensation for the value of such extraordinary services rendered and time incurred.

36. That as a further direct and proximate result of the negligence and malpractice of the Defendants, as hereinbefore alleged, Plaintiff NICHOLAS SMITH has been deprived, and will be deprived in the future, of the companionship, society, services and income of his son, Minor Plaintiff JAYDEN N. SMITH.

37. That as a further direct and proximate result of the negligence and malpractice of the Defendants, as hereinbefore alleged, Plaintiffs son, JAYDEN N. SMITH, was injured as aforesaid, and as a direct and proximate result thereof, Plaintiff NICHOLAS SMITH has been caused to suffer humiliation, anxiety, mortification and anguish, and said suffering will continue as the problems of raising, counseling, and nurturing his son will be present for the remainder of his life.

38. WHEREFORE, Plaintiff NICHOLAS SMITH, asks judgment against the Defendants, RUSH-COPLEY MEDICAL CENTER, INC, an Illinois corporation, and NIZAR F. OLABI, D.O., in an amount in excess of the jurisdictional amount required for filing in the Circuit Court of Kane County Illinois.

<<signature>>

J. THOMAS CHARD

Dated: August 3, 2011

Law Offices of J. THOMAS CHUTE

Co-Counsel for Plaintiffs

One East Wacher Drive, Ste. 2850

Chicago, IL 60801

(312) 345-7204

By:<<signature>>

RICHARD L. GROFFSKY

SOMMERS SCHWARTZ, P.C.

Attorneys for Plaintiffs

2000 Town Center, Suite 900

Southfield, MI 48075-1100

(248) 355-0300

AFFIDAVIT OF PLAINTIFF'S ATTORNEY

RICHARD L. GROFFSKY, being first duly sworn states:

1. I am one of the attorneys representing the Plaintiff in the above-captioned cause.

2. Before filing the Complaint, Affiant consulted and reviewed the facts of this case with a health professional who Affiant believes: (i) is knowledgeable as to relevant issues involved in the particular action; (ii) practices or has practiced within the last 5 years or teaches or has taught with the last 5 years in the same area of health care or medicine that is at issue in the particular action; and (iii) meets the expert witness standards set forth in paragraphs (a) through (d) of Section 8-2501.

3. The written report of the reviewer, which states that after a review of the relevant material involved in this action that there is reasonable and meritorious cause for the filing of such action, Is attached hereto.

4. The Affiant has concluded, on the basis of the reviewing health professional's review and consultation, that there is a reasonable and meritorious cause for the filing of this action.

FURTHER AFFIANT SAYETH NOT.

SOMMERS SCHWARTZ, P.C.

By:<<signature>>

RICHARD L. GROFFSKY

Attorneys for Plaintiff

2000 Town Center, Suite 900

Southfield, MI 48075-1100

(248) 355-0300

Subscribed and sworn to before me on this 3 day of August, 2011

<<signature>>

Notary Public

LAW OFFICES OF J. THOMAS CHUTE

One East Wacker Drive

Suite 2850

Chicago, IL 60601

(312) 345-7204

SOMMERS SCHWARTZ, P.C.

Richard L. Groffsky

Attoreys for Plaintiffs

2000 Town Center, Suite 900

Southfield, MI 48075-1100

(248) 355-0300

REPORT OF REVIEWING HEALTH PROFESSIONAL C. RODNEY PATTAN, M.D.

1. I am a physician duly licensed to practice medicine.

2. I am Board Certified in Obstetrics and Gynecology.

3. I have reviewed the records of Rush-Copley Medical Center, relating to the medical care provided to Sarah B. Nelson and her then unborn child, Jayden N. Smith, which Included the obstetrical care provided on May 8, 2007, to Sarah B. Nelson and her then unborn child Jayden N. Smith, who was prematurely delivered on May 18, 2007. I have also reviewed the neonatal records from Rush-Copley Medical Center.

4. Based upon my review of the medical records, I have concluded that there is a reasonable and meritorious cause for the filing of an action against Rush-Copley Medical Center and Nizar F. Olabi, D.O., for the following reasons:

a. The failure to appreciate the fluid build-up in the right and left paracolic gutters on the May 8, 2007 ultrasound as a possible source of infection and/or development of intra-abdominal abscess of Sarah B. Nelson allowed the Infection process to persist and worsen and subsequently caused Sarah B. Nelson to go into preterm labor on May 18, 2007, and deliver Plaintiff Minor, Jayden N. Smith, prematurely at 24 weeks. There was a concurrent failure on the part of the care providers to recognize that the size of those fluid collections along with the presence of tachycardia strongly suggested an Intra-abdominal infectious process that needed to be tested for that day.

b. On May 8, 2007, the medical staff should have ordered a CT scan which would have identified the intra-abdominal abscesses that on this date would have been smaller in size and would have been timely treated with appropriate antibiotic therapy and/or drainage. It is more likely than not, had the identification and treatment of the intra-abdominal abscess been timely Instituted, the preterm labor, delivery, and resulting complications of a premature birth would have been avoided.

c. That because a CT scan was not performed on May 8, 2007, in follow-up to the finding of fluid in the paracolic gutters, an infection process and intra-abdominal abscesses were allowed to persist and increase, thereby causing Sarah B. Nelson to go into preterm labor and deliver Jayden N. Smith at 24 weeks on May 18, 2007. These conditions were all present to lead this reviewer to the above conclusion.

5. That additional reasons may exist or be found to support this opinion upon further development of the case.

<<signature>>

C. RODNEY PATTAN, M.D.

Madigan Army Medical Center

Fitzsimmons Drive, Suite G-55-6

Tacoma, WA 98431-1000

Medical Board of Michigan License

Number 4301051609

Dated: July 21, 2011

SOMMERS SCHWARTZ, P.C.

RICHARD L. GROFFSKY

MATTHEW G. CURTIS

Attorneys for Plaintiffs

2000 Town Center, Suite 900

Southfield, MI 48075-1100

(248) 355-0300

J. THOMAS CHUTE

Co-Counsel for Plaintiffs

One East Wacker Drive, Ste. 2850

Chicago, IL 60601

(312) 345-7204

Client Reviews
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.
★★★★★
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong, Google User
★★★★★
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim, Avvo User
★★★★★
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia, Avvo User
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa, Avvo User
★★★★★
Contact Us for a Free Consultation (888) 424-5757
Chicago Office Map