Professional Negligence Law Reporter

Sisto Bernal, 19, suffered a syncopal episode. He was referred to cardiologist Cheryl Brody, who ordered two electrocardiograms and an echocardiogram, all of which were abnormal. Additionally, examinations revealed that Brody had an abnormal heart rate.

Despite these findings, Brody attributed the syncopal episode to exertion and discharged Bernal with no restrictions on his activity. Approximately nine months later, he suffered a fatal cardiac arrest while playing basketball. An autopsy showed an enlarged heart and myocarditis. Bernal is survived by his mother.

Bernal’s mother, on behalf of his estate, sued Brody and Advocate Medical Group, alleging claims for wrongful death and survival. The plaintiff asserted that the defendants had failed to properly evaluate Bernal, order a treadmill stress test, obtain a cardiac MRI, and conduct prolonged heart monitoring.

The jury awarded $6 million.

Citation: Bernal v. Brody, No. 2015-L-066061 (Ill. Cir. Ct. Cook Cnty. July 25, 2022).

Plaintiff counsel: Barry G. Bollinger and AAJ member David J. Gallagher, both of Chicago.