Michigan Avenue National Bank v. County of Cook

714 N.E.2d 1010, 306 Ill. App. 3d 392, 239 Ill. Dec. 713
CourtAppellate Court of Illinois
DecidedJune 30, 1999
Docket1-98-1974
StatusPublished
Cited by15 cases

This text of 714 N.E.2d 1010 (Michigan Avenue National Bank v. County of Cook) 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
Michigan Avenue National Bank v. County of Cook, 714 N.E.2d 1010, 306 Ill. App. 3d 392, 239 Ill. Dec. 713 (Ill. Ct. App. 1999).

Opinions

PRESIDING JUSTICE GORDON

delivered the opinion of the court:

Plaintiff, Michigan Avenue National Bank, as special administrator of the estate of Cynthia Collins, deceased, filed a medical malpractice lawsuit against the County of Cook, a body politic; Cook County Hospital; Barbara Weiss, M.D.; Mohammed Ali, M.D.; Mary LeBlanc, R.N.; Lisa Ferrill, R.N.; and Irma Garcia, R.N. Four years after the lawsuit was filed, the defendants moved for summary judgment, contending that they were immune from liability under sections 6 — 105 and 6 — 106 of the Local Governmental and Governmental Employees Tort Immunity Act (the Tort Immunity Act) (745 ILCS 10/6— 105, 6 — 106 (West 1992)). While that motion was pending, Ferrill and Garcia were voluntarily dismissed as defendants. Thereafter, the trial court granted summary judgment to the remaining defendants. The plaintiff appeals, arguing that the defendants were not immune from liability. For the reasons discussed below, we affirm the grant of summary judgment in defendants’ favor.

BACKGROUND FACTS

Plaintiff’s two-count complaint sought recovery for damages resulting from the negligence of the defendants. Count I was brought pursuant to the Wrongful Death Act (Ill. Rev. Stat. 1985, ch. 70, par. 1 et seq. (now 740 ILCS 180/1 et seq. (West 1996))), and count II was brought pursuant to the Survival Act (Ill. Rev. Stat. 1985, ch. IIOV2, par. 27 — 6 (now 755 ILCS 5/27 — 6 (West 1996))). Both counts alleged that defendants were negligent in the following manner:

“a. Failed to order a mammogram when a lump was palpated in decedent’s left breast;
b. Failed to properly and adequately perform examinations and tests on decedent;
c. Failed to perform a biopsy when a lump was palpated in decedent’s left breast;
d. Failed to diagnose decedent’s condition of breast cancer; and
e. Failed to administer proper, appropriate and necessary medical and nursing care and attention to the decedent.”

The section 2 — 622(a)(1) affidavit (735 ILCS 5/2 — 622(a)(1) (West 1992)) attached to plaintiffs complaint opined that the defendants “negligently failed to perform a mammogram and/or an immediate biopsy of the lump in [Collins’] left breast, given her family history of breast cancer and her presentation to these Cook County Hospital physicians and health care providers with a lump in her left breast.”

The facts established by the deposition testimony of plaintiff’s experts attached to defendants’ motion for summary judgment and the exhibits attached to plaintiffs response to defendants’ motion and plaintiffs motion to reconsider and vacate the summary judgment1 showed that Collins made several visits between September 22, 1986, and February 10, 1987, to Cook County Hospital and the Fantus Clinics operated by Cook County Hospital. Collins visited the Fantus Family Planning Clinic on September 22, 1986, when she was 22 years old. On that date, nurse Lisa Ferrill performed a routine breast examination and palpated a lump in Collins’ left breast. The clinician form completed by Ferrill described the lump as “soft, non-tender, 2x3 cm, cystic mass.” Ferrill referred Collins to Cook County Hospital’s breast clinic. On the “Consultation Request Form,” also completed by Ferrill on that date, Ferrill requested that the mass in Collins’ left breast be evaluated. This form noted that Collins’ mother died of breast cancer. On October 22, 1986, Collins went to the breast clinic and was examined by nurse Mary LeBlanc. LeBlanc’s report, signed by LeBlanc and initialed by an unidentified doctor, indicated that Collins had been referred from the family planning clinic because of a left breast mass. That report also indicated that Collins’ mother had breast cancer. It described Collins’ breast condition as “bilateral nodularity, no definite masses, nodes, positive left axillary lymph node — freely movable, negative nipple discharge.” According to the report, Collins was instructed to return to the breast clinic in January 1987, three months later. No evidence was presented to show that Collins returned to the breast clinic as instructed. In fact, questioning of plaintiffs experts during the taking of their depositions suggests the contrary.

Collins was seen in the emergency department at Cook County Hospital on December 19, 1986, complaining of missed menstrual period, abdominal pain and sore breasts. She was examined by Doctor Albion, who was not named as a defendant in the instant action. Collins returned to the emergency department on December 29, 1986, complaining of abdominal cramps and vaginal discharge, and was again examined by Albion. On January 22, 1987, Collins visited the prenatal clinic of Cook County Hospital complaining of vaginal discharge and suffering from a threatened spontaneous abortion. The history and physical examination portion of the report completed by Doctor Barbara Weiss, an obstetrician/gynecologist and defendant herein, indicated that Collins had fibrocystic disease of the breast and that Collins had a cyst in her inner, mid-right breast. The diagnosis portion of the report showed “11-12 wks gestation” and indicated that Collins was advised to have bed rest and drink fluids. Collins returned to the Fantus Health Center on February 10, 1987, and was examined by Doctor Mohammed Ali, another defendant. Doctor Ali’s “Progress Notes” indicated that Collins had had a “D&C” on January 26, 1987, and that she had been suffering from vaginal discharge, cramps and sharp breast pain: Ali’s report indicated the performance of a pelvic examination, a finding that Collins’ breasts were “within normal limits,” and a recommendation that Collins return to the gynecological clinic in one year.

Collins became pregnant in August 1987 and sought medical care at MacNeal Hospital/Rush Presbyterian (MacNeal) through her employer’s insurance plan. Collins delivered a child in May 1988. In July 1988, a lump in Collins’ left breast was diagnosed at MacNeal to be cancerous and it was determined there that the cancer had spread to her arm and neck area. A mastectomy was performed at MacNeal on July 18, 1988, followed by radiation and chemotherapy. Collins died of breast cancer at the age of 25 on November 22, 1989.

In their motion for summary judgment, premised on their affirmative defense of tort immunity, the defendants did not dispute the plaintiffs allegations concerning Collins’ multiple visits to Cook County Hospital and its various clinics between the period of September 22, 1986, to February 10, 1987. For purposes of their motion, they did not dispute the fact that a lump was found in Collins’ left breast on September 22, 1986; that Collins had breast cancer on or before October 22, 1986; that Collins suffered from fibrocystic disease on or before October 22, 1986; that there was a failure to diagnose Collins’ cancer on October 22, 1986; or that the failure to diagnose between October 1986 to January 1987 was the proximate cause of Collins’ death. The defendants also did not dispute the deposition testimony of plaintiffs expert, Doctor Larry S.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Johnson v. Bishof
2015 IL App (1st) 131122 (Appellate Court of Illinois, 2015)
Wilkerson v. County of Cook
Appellate Court of Illinois, 2008
Antonacci v. City of Chicago
779 N.E.2d 428 (Appellate Court of Illinois, 2002)
American National Bank & Trust Co. v. County of Cook
762 N.E.2d 654 (Appellate Court of Illinois, 2001)
Mabry v. County of Cook
733 N.E.2d 737 (Appellate Court of Illinois, 2000)
Michigan Avenue National Bank v. County of Cook
732 N.E.2d 528 (Illinois Supreme Court, 2000)
Michigan Avenue National Bank v. County of Cook
714 N.E.2d 1010 (Appellate Court of Illinois, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
714 N.E.2d 1010, 306 Ill. App. 3d 392, 239 Ill. Dec. 713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michigan-avenue-national-bank-v-county-of-cook-illappct-1999.