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$700,000 Recovery for Medical Malpractice of a 58-Year-Old Woman

Attorney Timothy M. Whiting won an out of court settlement in LaSalle County Circuit Court for $700,000 against Dr. Mark A. Fernandez and Illinois Valley Community Hospital in a medical malpractice action.

The plaintiff, Beth L. Pinter, 58, was injured when she was being treated at Illinois Valley Community Hospital by Dr. Fernandez for a staph infection. Dr. Fernandez treated Beth’s infection with an anti-biotic called Gentimicin. After 19 days of Gentimicin therapy, Beth developed Gentimicin toxicity resulting in vestibular injuries. As a result, Beth had difficulty walking without support and was unable to continue her duties as an ICU nurse.

Beth and her husband as Plaintiffs in the case alleged through expert testimony that Dr. Fernandez and Illinois Valley Community Hospital failed to monitor and test her Gentimicin levels. The Plaintiffs alleged through expert testimony that the standard of care is that Gentimicin therapy should only be used from 5-7 days and that if the therapy is administered after 7 days, as in the case with Beth, her Gentimicin levels should have been monitored every 5th day thereafter.

Attorney Timothy Whiting proved that Dr. Fernandez’s failed to monitor and test for Gentimicin levels after the 7th day for the remainder of the 12 days she received Gentimicin, which was a violation of the standard of care. Attorney Whiting also proved that Dr. Fernandez’s failure to properly test Beth for Gentimicin toxicity caused Beth’s vestibular injuries. As a result, the Defendants offered a global settlement of $700,000 to fairly compensate Beth for the Defendants’ violation in the standard of care and causing her injuries.

The firm has also won numerous cases that were either settled or tried before a jury and resulted in millions of dollars in recovery for the firm’s clients over the past 15 years.

Medical MalpracticeNik Krimm