$41.1 Million Verdict for Downstate Lawyer Whose Unmonitored Blood Thinner Led to a Catastrophic Stroke
After trial: OSF said it was reviewing its options after the verdict; no appellate decision disturbing the award has been reported.
Won by Hurley McKenna & Mertz, P.C..
A Cook County jury awarded $41,149,942 to Craig Pierce, a former Bushnell, Illinois lawyer, and his wife Susan after finding that OSF HealthCare, Fresenius Medical Care of Illinois, RenalCare Associates, and Dr. Sudha Cherukuri failed to manage his Coumadin therapy, leading to a massive stroke in 2016. The firm reports it as the largest stroke-related verdict in Illinois history.
What happened
Craig Pierce practiced law in Bushnell, a small town in western Illinois, and served on the local school board. In March 2016, at age 64, he was admitted to OSF Saint Francis Medical Center in Peoria with pneumonia. During that hospitalization he developed an acute kidney injury and was diagnosed with atrial fibrillation, a heart rhythm condition that sharply raises the risk of stroke. He went home with a prescription for Coumadin, a blood thinner, and orders for short-term outpatient dialysis at a Fresenius clinic in Macomb.
Coumadin only works within a narrow range, and patients on it need regular blood testing with dose adjustments to match. According to the evidence at trial, that never happened. Blood draws during Pierce's dialysis sessions showed his clotting levels were dangerously low, meaning the drug was not protecting him, yet his providers never increased the dose and no one established a protocol for monitoring the results. On April 13, 2016, four weeks after discharge, Pierce suffered a large right middle cerebral artery stroke that destroyed much of the right side of his brain. It left him paralyzed on his left side with severe cognitive deficits, unable to practice law or care for himself, and dependent on round-the-clock help from his wife Susan and their family.
Susan Pierce filed suit in Cook County, individually and as her husband's next friend. The defendants fought the venue, asking to transfer the case downstate to McDonough County, where the dialysis care took place. The circuit court refused, and in 2022 the Illinois Appellate Court affirmed that ruling in Pierce v. Cherukuri, keeping the trial in Chicago even though the underlying care occurred in Peoria, McDonough, and Knox Counties.
The case was tried over roughly a month in spring 2024, with Mark McKenna of Hurley McKenna & Mertz leading the trial team alongside Christopher Hurley and Clint Pierce. In May 2024 the jury found OSF HealthCare System, Fresenius Medical Care of Illinois, RenalCare Associates, and nephrologist Dr. Sudha Cherukuri liable and returned a verdict of $41,149,942. Of that, $35,149,942 went to Craig Pierce for his injuries and $6 million to Susan Pierce for her own losses, including the loss of her husband's services.
The firm and news reports described the award as the largest verdict in a stroke case in Illinois history, and the largest in the state for a medical malpractice plaintiff over age 70. Pierce was 72 when the verdict came in, eight years after the stroke.
OSF declined to comment after the verdict. McKenna told reporters he expected the hospital system to appeal, and the defendants retained that right. As of this writing, no appellate decision disturbing the verdict has been reported.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.Chicago Sun-Times: 'Former lawyer who suffered stroke awarded $41 million in medical malpractice lawsuit' (May 10, 2024)·Archived copy
- 2.WCBU Peoria (NPR): 'OSF HealthCare, others ordered to pay out $41 million in malpractice lawsuit' (May 10, 2024)·Archived copy
- 3.25 News (WEEK): 'OSF among healthcare providers liable in record $41M medical malpractice verdict' (May 10, 2024)·Archived copy
- 4.FindLaw: Pierce v. Cherukuri, Illinois Appellate Court, First District (2022 forum non conveniens appeal)
- 5.Exlitem: 'Craig Pierce Wins $41M in Medical Malpractice Stroke Case'
More proven verdicts from Hurley McKenna & Mertz, P.C.
All Hurley McKenna & Mertz, P.C. proven verdicts →Quentin Ravizza, a tow truck driver for District Recovery, Inc., was inspecting the engine of a 1997 Kenworth T800 tow truck in Summit, Illinois, on January 23, 2012, when a gust of wind estimated at 35 miles per hour slammed the truck's hood shut on his head. He suffered a fractured skull and the loss of his right eye. A Cook County jury found that PACCAR, Inc., the truck's manufacturer, had negligently designed and manufactured the truck without an adequate hood blowback safety system, and that District Rebuilders, Inc., the company that serviced the truck, had failed to maintain or replace the missing safety cable and hook. The jury awarded $10 million in compensatory damages against both defendants and $10 million in punitive damages against PACCAR alone, a $20 million verdict, allocating 70 percent fault to PACCAR, 25 percent to Rebuilders and 5 percent to Ravizza. The trial court later reduced the compensatory award against PACCAR to $9.5 million, and the Illinois Appellate Court affirmed that figure but vacated the punitive damages, finding no proof that the specific safety device blamed for the design defect was actually on the truck when Ravizza was hurt.
A Cook County jury awarded Jean Frigo $7,775,668.02 after finding that Silver Cross Hospital and Medical Center negligently credentialed a podiatrist who cut through her infected diabetic ulcer during bunion surgery, an error that led to a bone infection and the amputation of her foot. The podiatrist, Paul Kirchner, had never met the hospital's own criteria for surgical privileges and settled with Frigo separately for $900,000 before trial. The trial court credited that settlement against the verdict, entering judgment against Silver Cross for $6,875,668.02. The Appellate Court of Illinois affirmed in full in 2007, in a decision credited with establishing negligent credentialing as an independent cause of action under Illinois law.
A Cook County jury awarded $4.7 million to the family of Georgia Tagalos, a 49-year-old woman who suffered fatal brain damage after emergency room staff at St. James Hospital of Olympia Fields could not secure her airway during a severe asthma attack. The jury found the hospital and its attending physician, Dr. Perry Marshall, liable, while clearing a resident physician of wrongdoing. The Illinois Appellate Court, First District, affirmed the verdict in full in 2015, holding the hospital vicariously liable for Marshall's conduct because he was the hospital's apparent agent in the eyes of a patient who came to its emergency room for general care.
A Cook County jury awarded Betty Kunz $3.2 million in 2005 after finding Little Company of Mary Hospital liable for a nurse's error that put the kidney-toxic antibiotic gentamicin on her nursing-home transfer form when she was 75. She suffered permanent kidney failure and needs dialysis for life. The jury cleared the nursing home's doctor and the other defendants. In 2007 the Appellate Court affirmed liability and ordered a new trial limited to past and future medical expenses.
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