Professional Negligence Law Reporter

Scott Wilcox, 47, had quadriplegia and required a pump to deliver baclofen, a medication used to treat muscle spasms. When the pump required replacement, his treating physician recommended that he be admitted to the hospital to monitor him for baclofen withdrawal while he awaited the replacement procedure. While hospitalized at Advocate Condell Medical Center, Wilcox began to suffer from mental status changes, severe pain, spasticity in the abdomen, itching, and erratic heart rate and blood pressure. Late the following evening, he was scheduled for the pump replacement early the next afternoon. When the treating neurosurgeon arrived for the procedure, however, a pump was not available, and neither was the correct concentration of baclofen.

While waiting for the pump and baclofen, Wilcox suffered respiratory arrest and hypoxia. He remained in a coma until he was taken off life support approximately two weeks later. Wilcox had been an engineer earning approximately $120,000 annually and is survived by his wife and two minor daughters.

Wilcox’s estate sued the hospital, alleging institutional negligence and vicarious liability for its nurses’ failure to advocate for Wilcox and adequately monitor him. The plaintiff asserted that the nurses should have kept Wilcox’s treating physicians adequately informed of his deteriorating condition. Moreover, the plaintiff claimed, the hospital had negligently failed to effectuate the timely replacement of Wilcox’s pump replacement and the restoration of his baclofen.

The jury awarded $42.4 million.

Citation: Wilcox v. Advocate Condell Med. Ctr., No. 18L010293 (Ill. Cir. Ct. Cook Cty. Aug. 19, 2022).

Plaintiff counsel: AAJ member Thomas A. Demetrio, AAJ member Michael D. Ditore, and David R. Barry Jr., all of Chicago.

Plaintiff experts: Charles Pietrafesa, hospital medicine, Los Angeles; Alexander Merkler, neurology, New York City; and Barbara Levin, nursing, Hingham, Mass.

Defense experts: John Hyde, hospital medicine, Forest, Miss.; and Laura Baratta, nursing, Elmwood Park, Ill.