Cook County jury awards record $32.7 million to young man who lost foot after delayed diagnosis of blood clot

CHICAGO (October 2, 2023) – A Cook County jury awarded $32.7 million Friday night to a young man who had to undergo a foot amputation after doctors failed to recognize signs of a blood clot, despite signs of a blood clot and a medical history that made him more prone to clots. The verdict is the highest Illinois verdict reported to the Illinois Jury Verdict Reporter for loss of one leg or foot. 

On June 15, 2014, Plaintiff William (Billy) Fern was a 25-year-old male with a history of ulcerative colitis and past pulmonary embolism.  The week prior, Mr. Fern completed a 6-month anticoagulation course medication due to a pulmonary embolism. Mr. Fern went to an urgent care center with complaints of two days of foot pain. The urgent care doctor sent Mr. Fern to Central DuPage Hospital’s Emergency Department for evaluation of a venous clot in the leg. At the ER, he saw Dr. Jeffrey Bohmer, where he complained of worsening foot pain. Venous occlusion was ruled out with a venous doppler. Dr. Bohmer discharged Mr. Fern with “limb pain,” but no diagnosis. He was told to follow-up with a primary care physician in one or two days.

The following day, Mr. Fern visited family medicine physician Dr. Lisa Rondeau with still worsening foot pain. Despite Mr. Fern’s repeated denial of recent trauma, Dr. Rondeau ordered an X-Ray, which came back negative. Dr. Rondeau diagnosed Mr. Fern with musculoskeletal pain. On June 18, Mr. Fern’s mother called Dr. Rondeau’s office and reported his foot was still in a lot of pain, and he was having trouble sleeping because his toe kept “falling asleep.” Dr. Rondeau allegedly never received the message. Mr. Fern was not seen that day.

On June 19, Mr. Fern returned to Dr. Rondeau’s office on crutches. His foot was red, painful to the touch, and unable to bear weight. Mr. Fern was diagnosed with cellulitis, and Dr. Rondeau scheduled a follow up the next day with an orthopedic surgeon. During a deposition several years after the incident, Dr. Rondeau claimed Mr. Fern’s mother gave her “a look,” which later evolved into her remembering “a shrug” at trial, which Dr. Rondeau claimed suggested Billy may have sustained trauma. Dr. Rondeau never noted this in Billy’s chart or followed up with his mother about the alleged gesture.

The following day, Mr. Fern went to the hospital around noon, having been sent there by the orthopedic surgeon. By 7 p.m., Mr. Fern’s foot became cool to the touch. At that time, a vascular surgeon was called in to perform tests that revealed arterial occlusion. A vascular surgeon performed an exploratory surgery on June 21 and discovered a significant number of embolized clots and arterial occlusions. As a result of the delay, Mr. Fern required amputation of his foot. After the amputation, Mr. Fern underwent months of hyperbaric treatment, and he continues to experience frequent pain, infections and requires rehabilitation to this day.

“While arterial occlusions are rare in someone of Billy’s age, he had several clear risk factors that his doctors should have recognized,” Plaintiff’s attorney David J. Rashid said. “Billy’s main joy in life was hiking and walking with his parents and dogs in new and exciting locations. Because of the defendants’ negligence, Billy is now limited, despite his best efforts. He and his parents’ lives have been turned upside down in the years since his amputation.”

A trial in the case began on Monday, September 18, 2023, before the Honorable Patricia O’Brien Sheahan. On September 29, the jury returned a verdict of $32,747,000 – which includes $3 million for past loss of a normal life, $6.5 million for future loss of a normal life, $4 million for past pain and suffering, $6.5 million for future pain and suffering, $3.6 million for past emotional distress, $3 million for future emotional distress, $5 million for disfigurement, $972,000 for past medical expenses, and $175,000 for future medical expenses.

“Billy will need to replace his prosthetic on average every two years. These funds will allow Billy to pay for his past and future medical needs, as well as help him move forward and hopefully find a new normal,” attorney Patrick A. Salvi II said. “The Ferns are a wonderful family, and we are pleased the jury recognized everything they have been through over the past 9 years.”

The Plaintiff was also represented by attorney Jennifer M. Cascio of Salvi, Schostok & Pritchard, P.C.

Dr. Bohmer and Central DuPage Emergency Physicians were represented by Benjamin E. Patterson and Joseph Muska of Hall Prangle & Schoonveld, Dr. Rondeau and DuPage Medical Group were represented by Mark C. Meyer and Melissa Mitchell of Cunningham, Meyer & Vedrine, P.C.

For more information, please contact Marcie Mangan at (312) 372-1227 or mmangan@salvilaw.com.

###

Case No. 2023 L 001970 [WILLIAM FERN, Plaintiff v. JEFFREY H. BOHMER, MD; CENTRAL DUPAGE EMERGENCY PHYSICIANS, P.C., an Illinois Corporation; LISA RONDEAU, M.D.;BENJAMIN HEATWOLE M.D.; and DUPAGE MEDICAL GROUP, LTD, d/b/a DUPAGE MEDICAL GROUP, an Illinois Corporation; Defendants]