In a tragic case of alleged medical negligence, the family of a deceased patient has taken legal action against a prominent medical group and one of its physicians. The complaint was filed by Maria Cristina Herrera on April 25, 2025, in the Circuit Court of Cook County, Illinois, against Northwestern Medical Faculty Foundation, operating as Northwestern Medical Group, and Dr. Sukit Christopher Malaisrie. The lawsuit centers around the untimely death of Brian Montes Herrera following surgery performed by Dr. Malaisrie.
According to the details laid out in the court documents, Brian Montes Herrera underwent surgery on December 7, 2023, which resulted in a hypoxic brain injury. Tragically, he succumbed to his injuries three days later on December 10, 2023. The plaintiff claims that Dr. Malaisrie failed to divide Mr. Herrera's cardiothoracic surgeries into two separate operations and performed hypothermic circulatory arrest twice during the procedure—a deviation from standard medical care that allegedly led to Mr. Herrera's death.
The lawsuit is brought under both the Wrongful Death Act and the Illinois Survival Act. Maria Cristina Herrera asserts that her son’s death has caused profound grief and loss among his surviving family members—his parents and siblings—who have suffered a loss of companionship and support due to this incident. The complaint includes affidavits from both the plaintiff's attorney and a qualified medical professional who supports these allegations with expert testimony.
The plaintiff seeks judgment against Northwestern Medical Faculty Foundation and Dr. Malaisrie for an amount exceeding $50,000, exclusive of interest and costs. This figure reflects not only compensation for Mr. Herrera’s personal injuries but also accounts for the pecuniary losses suffered by his family as a result of his premature death.
Representing Maria Cristina Herrera is attorney David C. Wise from Wise Law Offices LLC in Chicago. His expertise is backed by consultation with another licensed physician who concurs with the claims made in this case regarding deviations from acceptable medical practices during surgery.
The case is identified under Case ID 2025L005562 and will be presided over by judges within the Circuit Court of Cook County’s Law Division.