Richard Korn and Mike Donelson obtained a dismissal for their client on the eve of trial in a medical malpractice case pending in the Circuit Court of St. Clair County, Illinois. Richard and Mike represented a pathologist who was alleged to have failed to diagnose a rare form of uterine cancer in a patient based upon a tissue specimen that had been vaginally passed in the emergency room. Two years after her emergency room visit, the plaintiff was diagnosed with the rare form of uterine cancer at a hospital in St. Louis. Following her diagnosis, plaintiff underwent chemotherapy and radiation treatment, and was rendered disabled as a result. The case was made challenging by the fact that the pathologist at the St. Louis hospital opined that the cancer was present in the pathology specimen evaluated earlier by Richard and Mike’s client. Richard and Mike developed a defense that their client’s original diagnosis was correct and that the plaintiff did not actually have the cancer claimed. To overcome the challenges in the case, they obtained the assistance of two highly respected expert physicians to address both the accuracy of their client’s original diagnosis and the causation of the plaintiff’s medical condition which led to her diagnosis. They also thoroughly examined multiple subsequent treating physicians in order to establish that the plaintiff was wrongly diagnosed with cancer. After six years of litigation, a policy limit settlement demand, and one week before trial, plaintiff’s counsel elected to dismiss the case.
Fox Smith Lawyers Obtain Dismissal for Their Client on the Eve of Trial
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