Johnson & Bell Shareholder, Stacey A. Cischke and Attorney, David F. Jasinski, obtained a defense verdict in favor of their client, a dermatologist, from a Cook County jury in a medical negligence case. In this case, the plaintiff sought $3.6 million in compensatory damages over an alleged failure by the dermatologist to obtain informed consent from plaintiff prior to injecting her with Botox®. Plaintiff claimed that, as a result of the alleged negligence, she suffered and continues to suffer from a variety of injuries, including chronic headaches, facial pain, paresthesia, hair loss, hoarseness and muscle spasms. The defense countered with expert testimony from a dermatologist and two neurologists that there was no violation of the standard of care with respect to how the informed consent was obtained. In addition, defense argued that plaintiff’s injuries were more in line with a somatization disorder or fibromyalgia. After deliberating for less than three hours, the jury returned its verdict for the defense. Prior to verdict, the parties entered into a high-low agreement. As a result of the defense verdict and the high-low agreement, the matter is now resolved with no opportunity for appeal.
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