TRIAL VICTORY FOR CHICAGO INTERNIST & GROUP

Mike Code and Jamie Leavitt earned a not guilty verdict in Cook County on behalf of a Chicago Internist and his Group. The decedent, a 57-year old male smoker, treated with Lowis & Gellen’s client between May of 2002 and September of 2002 during which time he had intermittent episodes of hematuria (blood in urine). He was diagnosed with a urinary tract infection (UTI) and treated with antibiotics. After being treated for the UTI, the patient was seen and complained of “dark urine” which was thought to be due to dehydration. In February of 2003, the patient was seen at the same office by another internist, and gave a history of hematuria every few days for the previous year. The patient was sent to a urologist for a urology work-up. After obtaining a CT scan in April of 2003, the patient was found to have what was likely a cancerous tumor in the kidney and another possible tumor or blood clot in the bladder. The urologist discussed the two lesions and the possibility both could be malignant. The patient agreed to undergo a right nephrectomy but wanted to delay a cystoscopy, which is used to diagnose bladder cancer. The patient eventually underwent the cystoscopy in later November of 2003 when he was unable to urinate and had a Foley catheter inserted in an ER. The cystoscopy revealed a malignant tumor which had spread into the bladder wall, the fat and seminal vesicles, and multiple lymph nodes. The patient underwent radiation but would not submit to chemotherapy. The patient died on August 12, 2004 from complications of bladder cancer. Injuries included pain, suffering, and death. The plaintiff contended that Lowis & Gellen’s client should have made a referral to a urologist and should have investigated the dark urine. The plaintiff further contended the urologist should have done an immediate cystoscopy and urine cytology.

Mike and Jamie successfully argued the standard of care did not require Lowis & Gellen’s client to send the patient to a urologist at any time as the patient’s symptoms appeared to have resolved with antibiotic treatment. Mike and Jamie further argued Lowis & Gellen’s client’s treatment was reasonable and the patient did not exhibit signs and symptoms of bladder cancer. The Plaintiff asked for an award of $4.9 million. After a three week trial, the Jury found in favor of the defense.

James Kindon today joins Lowis & Gellen for 3 months. James is qualified to practice law in England & Wales and will be assisting the coporate team at the firm. James qualified in October 2005 and started his training contract in 2003 at Field Seymour Parkes in Reading, England. From there he moved to London and has practiced at Salans, an international law firm with a strong presence in Russia, the CIS and Eastern Europe and was latterly with Addleshaw Goddard, a top 15 firm in the UK. He qualified as a corporate lawyer and his main areas of specialism are mergers & acquisitions and group re-organisations. He also provides general corporate advice on an ongoing basis to companies registered in England & Wales.

James has recently worked on the acquisition of a specialist finance house in London by a Swiss company backed by finance from the Arabian Gulf and, for the same client, the acquisition of a football club in the UK and the prepartion of documents in relation to an unsuccessful bid to acquire the BMW Sauber Formula 1 racing team. Previous deals James has been involved with include acting for the drinks company Diageo in a re-organisation of it's African interests followed by assisting in the preparation of all the documentation required to implement a joint venture between Diageo, Heineken and Namibian Breweries in South Africa.

During his time at Lowis & Gellen James will be looking to assist the corporate team, in particular in relation to any issues which arise for clients in the UK.