Hackl v. Advocate Health & Hospitals Corp.

887 N.E.2d 726, 382 Ill. App. 3d 442
CourtAppellate Court of Illinois
DecidedApril 18, 2008
Docket1-07-1971
StatusPublished
Cited by22 cases

This text of 887 N.E.2d 726 (Hackl v. Advocate Health & Hospitals Corp.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hackl v. Advocate Health & Hospitals Corp., 887 N.E.2d 726, 382 Ill. App. 3d 442 (Ill. Ct. App. 2008).

Opinion

JUSTICE O’MALLEY

delivered the opinion of the court:

Plaintiff Leonard James Hackl (Hackl), as executor of the estate of decedent Cynthia Hackl, brought a medical malpractice action in the circuit court of Cook County against defendant Advocate Health and Hospitals Corporation, d/b/a Advocate Good Shepherd Hospital (Advocate). Advocate filed a motion seeking to transfer Hackl’s action to the circuit court of Lake County under the doctrine of forum non conveniens, which the circuit court denied.

On permissive interlocutory appeal pursuant to Supreme Court Rule 306(a)(2) (210 Ill. 2d R. 306(a)(2)), Advocate contends that the circuit court abused its discretion when it denied Advocate’s forum non conveniens motion because the court failed to properly balance the relevant private and public interest factors and misapplied the “predominant connections” test. For the reasons that follow, we affirm.

BACKGROUND

In August 2006, Hackl filed in the circuit court of Cook County a medical malpractice action asserting multiple wrongful death and survival claims against Advocate and a number of other medical providers on behalf of his decedent wife. Specifically, in addition to Advocate, Hackl named as defendants (1) Anne Marie Kwiecien; (2) Maria Bleibel; (3) Hoffman Barrington Internal Medicine Specialists, S.C. (HBIM); (4) Dr. Robert A. Small; and (5) Dr. Gordon C. Newsom.

In his complaint, Hackl alleged that decedent had received a cardiac pacemaker implantation on October 4, 2004. Later that month, on October 26, 2004, decedent presented with generalized body pain and was admitted to Advocate Good Shepherd Hospital (Good Shepherd) in Barrington, Illinois, which is located in Lake County. While decedent was at that hospital, decedent received medical treatment from Kwiecien and Bleibel, both of whom were nurses employed by Good Shepherd, and Dr. Small and Dr. Newsom, both of whom were employed by HBIM. Ultimately, on November 1, 2004, decedent died at Good Shepherd as a result of septic shock. Hackl maintained that Kwiecien, Bleibel, Dr. Small, and Dr. Newsom had each committed certain negligent acts or omissions that had proximately caused decedent’s death.

In February 2007, Advocate filed its forum non conveniens motion in the circuit court of Cook County, seeking transfer of Hackl’s action to the circuit court of Lake County. 1 As a preliminary matter, Advocate observed in its motion that (1) Hackl and decedent were residents of Lake County; (2) decedent received the allegedly negligent medical care and treatment at Good Shepherd in Lake County; (3) defendants Bleibel and Dr. Small were residents of Cook County; (4) corporate defendants Advocate and HBIM had offices in Cook County; (5) defendant Dr. Newsom was a resident of Du Page County; and (6) defendant Kwiecien was employed by Good Shepherd at the time of decedent’s death, but subsequently moved to Arizona.

In addition, Advocate noted that Hackl, in his answers to interrogatories, had identified 15 other healthcare providers who had either provided medical treatment or possessed knowledge of relevant facts concerning decedent’s care and treatment and 13 of those individuals were employees of Good Shepherd in Lake County. Advocate further noted that Hackl had identified seven members of decedent’s family who had knowledge of relevant facts and that three of them resided in Lake County, two resided in McHenry County, and the remaining two resided in different states.

In regard to the substance of its motion, Advocate contended that the private and public factors relevant to a forum non conveniens motion supported transfer from Cook County to Lake County. Advocate further contended that the circuit court should presume that Hackl had engaged in impermissible forum shopping when he chose to file his lawsuit in Cook County because Hackl was a resident of Lake County and the situs of decedent’s injury was located in Lake County. According to Advocate, Hackl’s decision to file in Cook County was “a classic case of forum shopping and weighs in favor of [transfer to Lake County].”

In regard to the private interest factors, Advocate argued that it would be more convenient for the parties to transfer the case to Lake County because (1) Good Shepherd Hospital was located in Lake County; (2) defendants Bleibel, Dr. Small, and Dr. Newsom filed affidavits attesting that Lake County would be more convenient for them; (3) Joan Hagar, who was the designated representative for Good Shepherd Hospital, filed an affidavit attesting that Lake County would more convenient for her; and (4) plaintiff Haekl was a resident of Lake County. Advocate further argued that transfer to Lake County was appropriate because a number of potential witnesses would be more accessible in Lake County, the original sources of proof, such as decedent’s medical records, were located in Lake County, and Lake County would be a more convenient location for the jurors if the need arose to view the premises of Good Shepherd Hospital.

In regard to the public interest factors, Advocate argued that those factors “strongly favor[ed] transfer” of Hackl’s case to Lake County. In particular, Advocate asserted that Lake County was the more appropriate forum because decedent and Haekl were residents of Lake County and decedent allegedly received negligent medical care in Lake County at Good Shepherd Hospital. Advocate emphasized that there were no allegations of medical negligence occurring in Cook County in connection with decedent’s death. In addition, Advocate asserted that the Lake County court docket was less congested than the Cook County court docket and it would be unfair to burden Cook County jurors with an issue that involved Lake County residents receiving allegedly negligent medical care in Lake County.

Last, Advocate asserted that Hackl’s choice of forum as the plaintiff in the underlying litigation should be afforded less deference because Cook County was neither Hackl’s county of residence nor the situs of the underlying accident or injury.

In May 2007, Haekl responded to Advocate’s forum non conveniens motion, arguing that Advocate’s motion seeking transfer to Lake County “[had] everything to do with avoiding the Circuit Court of Cook County and nothing to do with convenience.”

In that motion, Haekl noted that none of the named defendants were residents of Lake County and asserted that “Cook County [had] a substantial interest in the case because at the time they cared for [decedent], Dr. Small, Dr. Newsom, and Maria Bleibel lived in Cook County.” Haekl further noted that Advocate operated 8 of its 10 hospitals in Cook County. Haekl also contended that Cook County was a convenient forum for Advocate because Advocate had filed other lawsuits in Cook County to collect unpaid hospital charges incurred at Good Shepherd.

In relevant part, Haekl argued that his right as a plaintiff to select a forum was a substantial right that should rarely be disturbed and that Advocate had a heavy burden to meet in order to prevail on its forum non conveniens motion. Hackl recognized that his right was entitled to less deference because he had selected a foreign forum, but he emphasized that his forum choice was nevertheless “still entitled to deference.”

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Cite This Page — Counsel Stack

Bluebook (online)
887 N.E.2d 726, 382 Ill. App. 3d 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hackl-v-advocate-health-hospitals-corp-illappct-2008.