In the News

Mangan, Mitchell Obtain Successful Outcome in Wrongful Death Suit

Cardiologists Found Not Guilty; Spared Having to Contribute to $4.5 Million Verdict

October 31, 2012

John Mangan, member in the Firm’s Litigation Department, and Melissa Lynott Mitchell, staff attorney, have secured a “not guilty” verdict in the defense of their clients, two Will County cardiologists, in a multimillion dollar wrongful death case. Their clients were two of several defendants—including the hospital, an internist, and the emergency room physician—who were sued by the estate of the plaintiff, a 43-year old male with four children, who died as a result of an undiagnosed aortic dissection.

The three-week trial resulted in a $4.5 million judgment by the jury, which found against the hospital and the internist who treated the patient. The emergency room physician and the Dykema clients were found not guilty. Of interest, all defendants (except the Dykema clients) entered into high-low agreements prior to the verdict, resulting in the plaintiff recovering $3.35 million. Mangan and Mitchell, correctly assessing the strength of their case, counseled the clients not to participate in the high-low agreements, despite a threat from plaintiff’s counsel to pursue their personal assets in the event of an excess verdict.