The Illinois Supreme Court has ruled it was proper for a Cook County judge to keep a juror seated in a malpractice suit against Advocate Medical Group, saying even though the juror had a business tie to Advocate, the link was too distant to influence the juror.
The Nov. 18 decision was authored by Justice Michael Burke, with concurrence from Chief Justice Anne Burke and Justices Rita Garman, Mary Jane Theis, Robert Carter and David Overstreet. Justice P. Scott Neville Jr. did not take part in the ruling.
The judgment favored Advocate Medical Group and Dr. Anita Thakadiyil in a 2016 action brought against them in Cook County Circuit Court by Thomas Ittersagen, of Manteno.
Todd A. Smith
| Smith LaCien
Ittersagen alleged Thakadiyil, who practiced through Advocate Medical, failed to diagnose him with sepsis and treat him appropriately during an office visit to remove a carbuncle July 8, 2010. As a consequence, Ittersagen, who was diabetic, said he suffered renal failure and had to have both his legs amputated below the knees the next day. Ittersagen sued for medical negligence.
On the seventh day of what turned out to be an 11-day trial, juror William Glascott sent a note to the presiding judge, Rena Van Tine, saying, "Although I don’t believe it would bias me, I thought I should disclose that my firm has a business relationship with Advocate. I apologize. I did not realize or think of this until last night.”
Glascott explained he was chief investment officer for Green Courte Partners, a private equity company that raises funds to invest in real estate. One of the company's limited partners was the Advocate Health Care System Endowment, according to Glascott. In addition, Glascott said a verdict against Advocate would not affect his company compensation. Glascott said he was "several layers removed" from Advocate and Thakadiyil, and did not owe a fiduciary duty to either.
Glascott pointed out the endowment's purpose was to pay for construction of medical facilities, but he said the endowment was separate from Advocate's business operation.
Ittersagen wanted Glascott removed, saying if he had known during jury selection of such a connection, he would have struck Glascott from the jury. However, Van Tine refused. Trial continued, with the jury finding for Advocate and Thakadiyil. The defense had argued Thakadiyil had no reason to believe Ittersagen had sepsis and acted within the "standard of care."
Ittersagen appealed the verdict to Illinois First District Appellate Court, but lost. He then sought help from the state high court.
Justice Michael Burke concluded the tie between Glascott and Advocate was too thin for Glascott to be compromised as a juror.
"The relationship between juror Glascott and Advocate Medical was indirect. Glascott’s relationship to Advocate Medical was so remote that he did not even recall the connection until the trial was more than half completed," which indicated an "attenuated relationship," Burke said.
Burke, having determined there was enough distance between Glascott and Advocate, went on to say there was scant evidence showing a fiduciary relationship.
Ittersagen also contended Van Tine wrongly refused to accept as evidence an Internal Revenue Service filing made by Advocate, in which Advocate recorded it had no assets in endowments. Ittersagen claimed this document showed Advocate and the endowment were one and the same. Advocate countered that the document showed Advocate had no endowments.
Burke decided Ittersagen forfeited his right to argue for acceptance of the document, because he did not raise the matter at trial, and only did so at the "eleventh hour" before the appellate court.
Ittersagen was represented by Todd A. Smith, of the Chicago firm of Smith LaCien.
Advocate and Thakadiyil were defended by Robert R. Larsen Jr., of Cunningham, Meyer & Vedrine, of suburban Warrenville.