Professional Negligence Law Reporter

William Fern, 25, had a history of ulcerative colitis and pulmonary embolism. After completing a course of anticoagulation treatment, he went to an urgent care center, complaining of a two-day history of pain in his right foot. A physician referred Fern to a hospital ER, where a venous occlusion was ruled out. An ER physician allegedly assessed Fern as having limb pain and discharged him with instructions to consult a primary care physician in one to two days.

The next day, Fern consulted a family physician and reported worsening foot pain but no recent trauma. An X-ray was negative, and the physician diagnosed musculoskeletal pain. Approximately two days later, Fern’s mother called the family physician’s office and reported that Fern was still in a lot of pain and that his toe kept falling asleep. The next day, Fern arrived at the physician’s office on crutches. The physician diagnosed cellulitis and scheduled a follow-up with an orthopedic surgeon. The orthopedic surgeon sent Fern to a hospital the next day. A vascular surgeon performed surgery, which revealed embolized clots and arterial occlusions.

Fern required a foot amputation. He continues to experience frequent pain and infections and also requires rehabilitation.

Fern sued undisclosed defendants, alleging medical negligence. The plaintiff claimed that, among other things, he should have been timely referred to a vascular surgeon, and it should have been determined whether arterial studies were required on an urgent basis. The defendants failed to assess the possibility of a hypercoagulable state or coagulation disorder in light of his history, the plaintiff claimed.

The jury awarded $32.7 million. The parties reached a confidential settlement.

Citation: Fern v. Roes, Undisclosed Dkt. No. (Ill. Cir. Ct. Cook Cnty. Confidential Date).

Plaintiff counsel: AAJ members David J. Rashid, Patrick A. Salvi II, and Jennifer M. Cascio, all of Chicago.