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COOK COUNTY RECORD

Friday, September 20, 2024

Romanucci & Blandin attorneys win $2 million verdict in a medical negligence trial against pediatric surgeon, Mark J. Holterman, MD

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Law Firm | Unsplash by Tingey Injury Law Firm

On May 3, 2024, a Peoria County, Illinois jury returned a verdict for a 13-year-old girl and against pediatric surgeon Mark J. Holterman, M.D. The jury found that Holterman was negligent as a surgeon regarding his treatment of the girl in 2011.  The jury awarded the girl more than $2 million in damages for her injuries.

From 2011 to 2017, Holterman was a pediatric surgeon at OSF Children’s Hospital in Peoria.  In July 2011, when the girl was 9 months old, she came to the hospital because of a choking episode.  Holterman examined her esophagus and found a piece of carrot.  He also found a narrowed area called a stricture.  He then dilated the stricture and caused a 2cm tear in her esophagus.  To treat the tear, he used a leftover adult airway stent to try and cover the tear, but he dropped it in her stomach.  The stent remained in her stomach for 11 months.  During the 11 months, the girl developed feeding problems as she was dependent on a feeding tube inserted through her abdomen into her stomach. 

The girl was represented at trial by Partners Joseph E. Kolar and Bruno R. Marasso and Senior Attorney Sarah M. Raisch of Romanucci & Blandin, LLC, a national trial firm based in Chicago. Paralegals Lucy Gonzalez and Mason McClary provided valuable assistance on the case and trial as well. Founding Partner Stephan D. Blandin, Senior Paralegal Matt Dominguez and Legal Projects Coordinator Lindsey Blandin also contributed to the case.

The girl’s attorneys presented evidence that Holterman used an outdated device to dilate the girl’s esophagus.  He then used significant pushing pressure with the device and tore the esophagus.  Holterman claimed he was being innovative when he tried to place the adult airway stent in her esophagus.  He said he was trying to make chicken salad out of chicken feathers.  The stent had never been approved for use in the esophagus of a baby. 

“Holterman’s use of the stent was clearly contrary to standard treatment at the time, and the jury undoubtedly viewed the stent as experimental,” said Partner Joseph E. Kolar. 

“Our client feels vindicated by the verdict and feels a real sense of justice for her daughter,” said Partner Bruno R. Marasso.

The girl’s parents had no idea that the stent was not approved for use in the esophagus of a baby.  The girl’s mom at trial testified that she felt her daughter was a “guinea pig” when he used the stent without providing her full details on whether anyone else was using the stents as Holterman did.

“The evidence was clear that Holterman took a routine procedure for our client and turned into an unnecessary injury for this young girl,” said Senior Attorney Sarah M. Raisch.   

Original source can be found here.

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