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Failure to Rule Out Sepsis
November/December 2019Ciolek v. Advocate Health & Hosps. Corp., No. 17-L- 2831 (Ill. Cir. Ct. Cook Cnty. June 26, 2019).
David Ciolek went to the emergency room of Advocate Lutheran General Hospital, complaining of fever, chills, nausea, vomiting, and diarrhea. He had a 103.3-degree fever, a pulse rate of 154, and a blood pressure reading of 157/108. He was diagnosed as having gastroenteritis and discharged. Within a week, Ciolek died. He is survived by his wife and son.
Ciolek’s estate sued the hospital, alleging failure to diagnose and treat sepsis. The plaintiff asserted that the physicians who attended to Ciolek should have ordered a chest X-ray, admitted Ciolek, and investigated his respiratory symptoms.
The jury awarded the plaintiff more than $10 million. The parties settled the case for $6 million under a high-low agreement.
Plaintiff counsel: Michael F. Sullivan, Chicago.