Trial Magazine

Joseph Mini, 51, experienced sudden, severe pain between his shoulder blades. He consulted his chiropractor and his primary care physician and was later taken by ambulance to Adventist La Grange Memorial Hospital. During the transport, Mini could not sit still and experienced continued severe back pain, nausea, and vomiting.

Emergency physician Ira Asher saw Mini shortly after his admission; took a history; and ordered a STAT chest X-ray, an EKG, and lab work. He ordered a STAT CT scan about an hour-and-a-half later.

The radiologist interpreting the CT scan diagnosed an acute type A aortic dissection, and Asher recommended emergency surgery. While waiting to undergo this procedure, however, Mini’s condition destabilized. Life-saving measures were unsuccessful, and he died.

Mini had been an electric worker earning about $83,000 annually. He is survived by his wife and two minor children.

Mini’s wife, on behalf of his estate, sued the hospital’s owner and Asher for failing to: timely rule out a life-threatening­ condition, promptly diagnose the aortic dissection, and ensure Mini was taken for emergency surgery.

The plaintiff argued that among other things, a CT scan should have been performed right away given Mini’s symptoms, particularly his severe upper back pain. The defense countered that an earlier CT scan would not have saved Mini and that Asher had acted reasonably.

The parties settled for $925,000. Asher’s insurer paid $475,000, and the hospital paid the rest.

Citation: Mini v. Asher, No. 12 L 207 (Ill. Cir. Ct. Cook Cnty. June 22, 2016).

Plaintiff counsel: AAJ members Stephan D. Blandin and Michael E. Holden, both of Chicago.

Plaintiff experts: Carl Adams, cardiology, Durango, Colo.; and Eric Nazziola, emergency medicine, Far Rockaway, N.Y.

Defense experts: Axel Joob, cardiothoracic surgery, Elk Grove Village, Ill.; Jonathan Berlin, radiology, and John Flaherty, emergency medicine, both of Evanston, Ill.; and Mark Cichon, emergency medicine, Maywood, Ill.