$7.5 Million Verdict in Wrongful Death Lawsuit After Spleen Surgery
Medical Malpractice and Hospital Liability Cases
Surgical Negligence Leading to Fatal Complications
A Cook County jury awarded $7.5 million to the family of Juan Fernandez following fatal complications from spleen removal surgery at the University of Illinois Medical Center. The 49-year-old patient underwent surgery using the da Vinci Robotic Surgical System in 2007 to address a blood-clotting disorder. Tragically, surgical negligence resulted in two duodenal perforations, leading to sepsis, multiple organ failure, and fatal brain damage. This medical malpractice lawsuit highlighted critical hospital liability issues when the surgical team denied responsibility for the duodenal injuries.
Attorney Ted McNabola successfully argued the da Vinci robot surgery was unnecessary for this procedure, comparing it to "using an 18-wheeler to pick up a carton of milk." The family pursued the wrongful death lawsuit under res ipsa loquitur, proving the injuries wouldn't occur without negligence. The jury allocated compensation for loss of consortium ($4.5M), loss of normal life ($1.5M), medical bills ($1M), and pain/suffering ($500K). Through a pre-trial high-low agreement, the family received $6 million in wrongful death compensation. This case demonstrates how surgical sepsis death can result from improper technique and inadequate post-operative monitoring.
Medical negligence attorneys see this verdict as a critical precedent for similar complications after spleen removal procedures. Families pursuing wrongful death claims should consult specialized legal counsel, as hospitals frequently dispute liability in robotic surgery cases. Proper documentation of surgical errors and timely expert testimony remain essential for proving medical malpractice claims.
A Cook County jury awarded $7.5 million to the family of 49-year-old Juan Fernandez, who died of complications from a surgery to remove his spleen. Fernandez underwent the surgery at the University of Illinois Medical Center in 2007 because he suffered from a disorder that prevented his blood from clotting properly.
The operation was performed using the “da Vinci Robotic Surgical System.” Fernandez was found to have suffered two holes in his duodenum, an organ located between six and ten inches from the spleen. After the surgery, he developed sepsis, which caused several of his organs to fail and which led to fatal brain damage. He left behind a wife and an 11-year-old son. The family filed a medical malpractice lawsuit against four doctors, all of whom denied that the holes were caused by the surgery. Attorney Ted McNabola and Attorney Theodore C. Jennings of represented the family.
McNabola argued that while it was not wrong of the doctors to have used the robot for the surgery, it was very likely unnecessary. “It’s kind of like using an 18-wheeler to go pick up a carton of milk,” he said. The family pursued the claim under the doctrine of res ipsa loquitur, alleging that the accident didn’t occur without negligence.
McNabola was able to convince the jury to award $7.5 million in damages to Fernandez’s surviving family, including $4.5 million for loss of consortium, $1.5 million for loss of a normal life, $1 million for past medical bills, and $500,000 for pain and suffering. However, due to a high-low agreement negotiated by both sides before the verdict, the family was able to collect $6 million.
“I think the family is heartened by the fact that the jury saw the truth,” said McNabola. “But it’s a hollow victory for the family because Juan led an exemplary life and was a wonderful person who made the family the most important thing in his life. And the wife and son will never get him back.”
Click here to view the Chicago Daily Law Bulletin’s coverage of this verdict: “Family gets $7.5 million in death after spleen removal.”