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Jackson, et. al v. Dr. F., et al.



Injuries alleged: Past medical and funeral expenses; loss of society and companionship for surviving spouse and minor child; pecuniary loss for surviving spouse and minor child

Case name: Jackson, et. al v. Dr. F., et al.

Court: Iron County Circuit Court

Judge: Patrick J. Madden

Amount sought at trial: $1 million

Highest offer: $100,000

Verdict: Jury returned verdict for defense

Original filing date: Oct. 21, 2005

Plaintiff attorney: Anthony D. Cossi, Cossi Law Office, Ironwood, MI

Defense attorney: Mark T. Budzinski and Crystal M. Uebelher, Corneille Law Group, Green Bay

Plaintiff experts: Dr. Richard Schaffer, family physician, Iowa; Dr. Harry Cohen, cardiologist, Illinois; Dr. Charles Iknayan, pathologist, Wisconsin

Defense experts: Dr. Carl Tommaso, cardiologist, Illinois; Dr. Len Scarpinato, family physician, Wisconsin; Dr. Stephen Factor, pathologist, New York

Insurance company: Physicians Insurance Company of Wisconsin

Defense counsel’s summary of case: The plaintiffs in this case brought a wrongful death claim against Thomas Jackson’s primary care physician. Jackson presented with numbness and tingling in his left arm and subsequently developed a ball of acid in his chest. While Jackson was under Dr. F.’s care, he was prescribed medication for high cholesterol, referred for an EMG study of his left arm and prescribed medication for acid reflux. Jackson died suddenly of cardiac arrest approximately one month after presenting with the complaints of chest pain. Plaintiffs alleged the standard of care required Dr. F. to refer someone with Jackson’s symptoms to a cardiologist. The defense argued that Dr. F.’s evaluation and treatment were appropriate and within the standard of care. The jury found that the doctor’s care and treatment was reasonable.

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