Professional Negligence Law Reporter

Reed v. Thangavelu, No. 2010-L-100 (Ill. Cir. Ct. Vermilion Cnty. Mar. 27, 2019).

Linda Shelly, 56, suffered from various health problems, including hypertension, congestive heart failure, and diabetes. When she experienced shortness of breath, she was admitted to a hospital, where a CT scan revealed a retroperitoneal cyst. The next day, general surgeon Muthiah Thangavelu performed surgery to remove the cyst. A subsequent pathology report revealed that a portion of Shelly’s ureter was removed during the surgery and included with the frozen section of the cyst. Shelly\ was later diagnosed as having a right ureteral injury, a urinoma, and kidney swelling.

Despite attempts to save her ureter and kidney over the next two years, Shelly lost a kidney, necessitating dialysis and hastening her death. She is survived by her three adult children.

Shelly’s daughter, on behalf of her estate, filed suit against Thangavelu and his employer, alleging that Thangavelu failed to identify Shelly’s ureter intraoperatively, protect the ureter, and avoid severing it. The plaintiff did not claim lost income. The jury awarded more than $4.8 million.

Plaintiff counsel: AAJ members James D. Spiros and Miranda L. Soucie, both of Danville, Ill.

Plaintiff experts: Daniel Borreson, general surgery, Grand Rapids, Mich.; and Kurt Tarwater, nephrology, Columbia, Mo. Defense experts: Craig Smith, general surgery, St. Louis; and Evan Oblonsky, radiology, Chicago.