Title of Case: (ZZ 39/2) Sean Sullivan v. Adovcate Lutheran General Hospital, Dr. Charles Kanakis, Jr., Center for Advanced Cardiology Ltd.

Case Number: 05L-3966 Trial Dates: May 5-14, 2008 (12C)

Verdict: Not Guilty v. all defts.

Judge: Edward Washington, II (IL Cook-Law)

Pltf Attys: David R. Barry, Jr. and William T. Gibbs of Corboy & Demetrio, Demand: $2,000,000 - $8,000,000 high/low, $1,000,000 policy, Asked: $14,500,000

Deft Attys: Co-Chair Gregory V. Ginex of Bollinger, Ruberry & Garvey for Advocate Lutheran General Hospital (Seld-Insured) Offer: ALGH $500000 - $2,000,000 high/ low; Robert H. Smith and Jamie Leavitt of Lowis & Gellen for Kanakis (A.P. Capital Insurance) Offer: CK $1,000,000 policy withdrawn; Stetson F. Atwood of Donohue, Brown for Center for Advanced Cardiolosy Ltd. (A.P. Capital Insurance)

Pltf Medl: Dr. Patrick J. Loehrer, Sr. (Oncologist) and Dr. Kenneth Patt (Internist)

Pltf Expert: Dr. Megan Crisham (Emergency Medicine), Karen Wilkinson, R.N. (Nursing) and Dr. Joel Kahn (Cardiologist)

Deft Expert: Dr. William Maloney (Emergency Medicine) for Advocate Lutheran General Hospital

Facts of Case: On May 11, 2001, pltf M-39 went to his chiropractor that he believed he “popped a rib” while golfing the previous day.  He also complained of having chest pains throughout the night.  The chiropractor would not treat him until he was evaluated by a cardiologist.  Pltf went to deft cardiologist Dr. Kanakis’ office that same day. Dr. Kanakis performed some tests and then sent him to Lutheran General Hospital’s emergency room for further work-up to rule out a heart attack.  Pltf went directly to the emergency room, where he underwent several tests including EKG, echocardiogram, and chest x-ray.  The chest x-ray revealed a 4.5 centimeter calcified mass, which doctors described as an incidental finding. Pltf denied he was ever informed of the mass found on the x-ray, and denied he was told to follow up with Dr. Kanakis within 14 days, as was listed in the medical records as the discharge instructions.
The printed discharge instructions contained errors in telling pltf patient to follow up within 10 days with Dr. Kenneth Patt, his family doctor, and it was not signed by the person who discharged the patient, so therefore no one could verify what, if anything, pltf was told at discharge. There was no mention of the mass on the printed discharge instructions.The pltf did not follow up with either doctor, and had no knowledge of the mass until three years later when he went to see Dr. Kanakis on March 26, 2004, for complaints of chest pain and breathing difficulty.  During that visit, Dr. Kanakis opened the pltf’s chart and found the chest x-ray report in it, which he claimed he had never seen before. Pltf was subsequently diagnosed with thymoma, a rare form of cancer in the thymus and mediastinum. The tumor had grown in size from 4.5 centimeters to 19 centimeters, and had progressed from Stage I or II to Stage IV. Pltf underwent surgery which included removal of the tumor and portions of his lung and other organs due to the spread of the growth ($350,000 medl. bills). He had a diminished life expectancy of 26 years, and treater Dr. Loehrer testified there was an 80% chance that he would die within the next six years. Pltf is married, has four children, and is the Vice President of Business Affairs at Triton College. Dr. Kanakis denied the emergency room ever contacted him regarding the pltf or informed him of the mass. The chart indicated a phone call was made to the PMD, which stood for primary doctor. Kanakis asserted he was not the primary doctor and maintained that designation applied to Dr. Patt. Kanakis also denied ever seeing the x-ray report in 2001, although it did have his personal “two check mark” system on it, indicating that he had reviewed it. Pltf contended the hospital was negligent for failing to inform the patient of the mass, failing to confirm that he understood the significance of that finding, failing to inform Dr. Kanakis of the finding, and failing to print out proper discharge instructions. Defense for the hospital argued that, based on custom and practice, the pltf would have been told about the finding, Dr. Kanakis was informed by way of telephone, and the report ended up in the correct doctor’s office. The jury deliberated for approximately 5 hours, reaching a verdict around 9:00 pm. Pltf’s counsel reports that they had accepted Kanakis’ $1 million policy at the start of jury deliberations, which Kanakis’ insurer is disputing.