Plaintiff wants more in malpractice case.

Malpractice plaintiff seeking more after record judgment


June 14, 2007

By David Gialanella STAFF WRITER

A Kane County jury recently awarded $1.3 million in a malpractice case against Sherman Hospital in Elgin.

Lawyers said was it was a record-high verdict for this type of case in Kane County, but soon the plaintiff may be asking for much more.

Attorneys for Wendy Gossett, 34, of Elgin, are in the process of filing post-trial motions calling for a new trial and new damages for Gossett's medical expenses and loss of earning capacity, Chicago-based litigator John Power told The Courier News on Wednesday.

"Although it was a high amount, the verdict was against the manifest weight of the evidence," Power said.

According to Gossett's attorneys, she checked into Sherman for a partial hysterectomy as a treatment for endometriosis -- a common but painful condition where tissue normally lining the uterus grows outside the uterus itself. A cotton sponge was left inside her body during the June 2000 surgery, causing a widespread infection. Several weeks after, Gossett had to have emergency surgery during which all of her internal sexual organs and a portion of her lower bowel were removed. She still suffers from chronic pain and had to have a morphine pump surgically implanted, lawyers said.

Sherman admitted liability in the case a day before the trial was set to begin. Defense lawyers then offered a $250,000 settlement and later during closing arguments offered between $600,000 and $700,000, according to Power.

Power along with co-counsel Michael Cogan originally sought nearly $8.5 million in damages and said he will ask for the same amount in a retrial. He said he doesn't expect Sherman to appeal the judgment.

"I believe that the defense was very pleased with the verdict in light of the evidence," Power said.

Marc Forkins, who represents the hospital, could not confirm his client's plans to fight the judgment.

"That has been discussed with my clients, and no decision has been made to date," Forkins said during a telephone interview Wednesday.

Sherman likely will file a number of post-trial motions also, Forkins said.

Chicago Sun Times