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Jury Awards $1.5 Million for ER Mistake

Medical Malpractice Lawsuit Settlement - 1.5 Million for ER Patient Misdiagnosed in Kankakee

November 8, 2010 - A Kankakee County jury returned a $1.5 million verdict Friday in favor of the family of Michelle Koenig. Attorney Michael Cogan tried the case over two weeks.

The case arose out of the treatment received by Michelle Koenig on February 19, 2006 at Provena St. Mary's Hospital in the emergency room. Michelle Koenig visited the ER with back pain and a rash. She was evaluated by Dr. Timothy Moran and discharged with a diagnosis of "rash" and "back pain". Dr. Moran failed to diagnose disseminated varicella zoster (chicken pox) that had spread to Michelle's liver as evidenced by mildly elevated liver enzymes. He also failed to appreciate that Michelle's steroid ingestion over the prior nine days from an unrelated illness (IV Solu-Medrol and Prednisone) had suppressed her immune system allowing the chicken pox virus to reactivate. Michelle had had chicken pox as a child. The failure to order IV acyclovir led to multi-organ failure and, ultimately, Michelle's death on February 26, 2006.

"This verdict will end this tragic chapter in the Koenig family's life," said attorney Michael Cogan. "It will not end the sadness they face over the loss of their beloved daughter due to medical negligence."

Judge Wenzelman presided over the case. Dan Softcheck, from Hinshaw & Culbertson represented the defendant, Provena Hospitals, d/b/a Provena St. Mary's Hospital. David VanDyke and Lisa Velez of Cassiday, Schade LLP represented the defendants, Dr. Timothy Moran and Echo Management and Consulting Group LLC.

Additional information for this medical malpractice settlement can be found from this reprint off of the Chicago Daily Law Bulletin.

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