Former lawyer who suffered stroke awarded $41 million in medical malpractice lawsuit
Circuit Court of Cook County.
Sun-Times file
Eight years after a stroke left one side of his body paralyzed, Craig Pierce can no longer practice law or get around without the help of his wife and grandchildren.
But a $41 million award will give him the round-the-clock care he needs. Earlier this week, a Cook County jury ruled in favor of Pierce and his wife Susan after a month-long trial. The award is believed to be the largest in Illinois history for a medical malpractice case involving a plaintiff over the age of 70.
Pierce, who lives in downstate Bushnell, was admitted to St. Francis Hospital in Peoria on Feb. 28, 2016, for pneumonia. While hospitalized, he developed an acute kidney injury from the pneumonia treatment that required short-term dialysis.
A cardiologist diagnosed Pierce with a common heart condition that causes abnormal heart rhythm, so he was prescribed an anticoagulant to minimize the risk of a stroke. The medication required daily blood tests to make sure it was working as intended and not causing problems with blood clotting.
Two weeks later, Pierce was discharged from the hospital, and while arrangements were made for outpatient dialysis, there were no plans for monitoring his blood .
His condition soon took a turn for the worst when four weeks after he was discharged he suffered a large cerebral artery stroke in his brain. A CT scan revealed a large clot had lodged in his brain , cutting off circulation to nearly all of the brain’s right side.
Blood tests taken during his dialysis treatments revealed levels had dropped dangerously low, but none of his doctors adjusted the dosage that would help prevent a stroke.
The stroke left Pierce, now 72, paralyzed on the left side of his body and caused severe cognitive deficiencies.
In 2020, Hurley McKenna & Mertz filed a medical malpractice lawsuit on behalf of Pierce and his wife against Fresenius Medical Care of Illinois, RenalCare Associates, Dr. Sudha Cherukuri and OSF HealthCare System.
The lawsuit claimed OSF HealthCare System, its cardiologist Dr. Barry Clemson, nurses and other personnel were negligent in failing to monitor Pierce and increase his medication dosage. It also claimed OSF negligently relied on kidney care providers, Fresenius and Cherukuri, to manage Pierce’s heart condition.
During the trial, which started April 10 and ended May 6 with the verdict, OSF personnel and Fresenius’ kidney care providers admitted that someone needed to manage Pierce’s medication and levels. Each testified that it was the other staff’s responsibility.
“The jury’s verdict is bittersweet for this wonderful family, which has been devastated by Craig Pierce’s injury and the loss of his ability to function independently and practice law,” Christopher Hurley, of Hurley McKenna & Mertz, said in a statement.
“Craig was a pillar of his community as a successful lawyer and member of his local school board. During the month-long trial, the jury carefully considered all of the evidence and rendered a just verdict. Craig Pierce will now receive the twenty-four hour per day care that he needs and deserves.”
Representatives from Fresenius Medical Care of Illinois and OSF HealthCare System did not respond immediately to a request for comment.