A high-stakes medical negligence lawsuit involving a minor’s birth injury has taken a significant turn. The Appellate Court of Illinois has ordered the transfer of the case from Cook County to DuPage County, reversing a previous decision by the Circuit Court of Cook County. This decision came after Advocate Good Samaritan Hospital and Advocate Medical Group (collectively known as Advocate) filed for an appeal.
The complaint was initially filed by Rachael and Paul Adamian on behalf of their son Dylan Adamian against Dr. Jennifer M. Balash, TRE Medical, Ltd., Advocate Good Samaritan Hospital, and Advocate Medical Group in the Circuit Court of Cook County on September 14, 2023. The plaintiffs allege professional negligence during Dylan’s birth at Good Samaritan Hospital in DuPage County.
According to court documents, Rachael Adamian experienced abdominal trauma and decreased fetal movement on July 30, 2019. She visited TRE Medical’s clinic where Dr. Balash decided to admit her to Good Samaritan Hospital for delivery based on certain tests. Six hours later, Dylan was born with complications including being pale, hypertonic, and having low hemoglobin levels. The plaintiffs argue that Dr. Balash and other medical personnel failed to recognize the need for an emergent caesarian section sooner than they did.
Advocate moved to transfer the case to DuPage County under the doctrine of forum non conveniens due to the fact that all relevant events occurred there and most witnesses were located there as well. However, the trial court initially denied this motion citing factors such as administrative burdens and practical considerations related to attorney locations in Cook County.
On appeal, Justice Ocasio delivered the judgment stating that the trial court abused its discretion by denying the motion to transfer because none of the parties resided in Cook County nor did any significant events related to the case occur there. Furthermore, it was noted that most potential witnesses either lived or worked in DuPage County.
The appellate court highlighted several key points: first, it found that DuPage County would be more convenient for nearly all potential witnesses; second, it emphasized that DuPage had a stronger connection to this case since all alleged negligent acts took place there; thirdly, it argued that transferring this case would not impose unfair administrative burdens given modern technological advancements facilitating remote communications.
Ultimately, Judge Robert F. Harris presided over this decision which saw Justices Rochford and Martin concurring with Justice Ocasio’s judgment leading to reversal and remand with instructions for transferring this action back into DuPage County where both TRE Medical’s clinic & Good Samaritan Hospital operate.
The attorneys representing both sides were not explicitly named within these proceedings but will now continue their legal battle within jurisdictional boundaries set forth by higher courts ensuring fair trial processes are maintained throughout litigation stages ahead while balancing interests between private/public sectors involved herein alongside ensuring justice prevails accordingly without undue delays caused otherwise if left unresolved elsewhere beyond reasonable doubt whatsoever!
This article was first published in Cook County Record.
