Professional Negligence Law Reporter

Leon Radcliff, a 48-year-old man suffering from heroin addiction, was admitted to Holy Cross Hospital after developing severe asthmatic symptoms resulting from large doses of prednisone. He received treatment for approximately two days and was prescribed Ativan to stabilize his condition. Approximately 10 hours after his last dose of Ativan, Radcliff was discharged. He was drowsy, dizzy, and unsteady at the time and required wheelchair assistance when leaving the facility.

Radcliff drove one to two blocks away from the hospital and collided with several parked cars. He suffered blunt force trauma to his chest, which caused a fractured rib and, in turn, a lacerated liver. After a two-week hospital stay, he was discharged; however, two days later, he returned to the hospital, where he later died. The cause was determined to be pulmonary embolism resulting from liver laceration and blunt chest trauma. Radcliff is survived by his eight siblings.

Radcliff’s estate sued Holy Cross and a treating ER physician, alleging the defendants had failed to warn Radcliff against driving while under the influence of Ativan. The defense argued that Radcliff had absorbed the Ativan before his discharge.

The hospital settled before trial for an undisclosed amount. The physician and the plaintiff reached a high-low agreement during jury deliberations. The jury awarded approximately $1 million, finding Radcliff 49% at fault.

Citation: Radcliff v. Holy Cross Hosp., No. 2017-L-003976 (Ill. Cir. Ct. Cook Cty. June 24, 2022).

Plaintiff counsel: AAJ member Zane D. Smith and Boris G. Samovalov, both of Chicago.

Plaintiff experts: John Gong, hospital medicine, Lake Zurich, Ill.; Rodney Richmond, pharmacology, Little Rock, Ark.; and Richard Stripp, toxicology, Huntington Station, N.Y.

Defense experts: Sunil Varma, hospital medicine, and Frank Paloucek, toxicology, both of Chicago.