St. Clair County Associate Judge Randall Kelley scheduled a status conference for June 13 in a legal malpractice lawsuit alleging deceased attorney Rex Carr lost a medical malpractice case that he should have won for former client Lisa Comacho.
The scheduled conference comes after Comacho filed a motion for summary judgment on Jan. 22. She asks for a summary judgment stating that “the attorney-client relationship existed between the defendants and the plaintiff and established their duty to her, the defendants’ acts and omissions breached that duty, the defendants’ acts and omissions caused plaintiff to lose her medical malpractice claims, and the plaintiff suffered damages.”
She alleges Carr and medical malpractice defendant Dr. Stephen Burger submitted a written confession on July 11, 2013, which “establishes the standard of care for their professional negligence.” Details regarding the written confession were not provided in the motion, but Comacho argues that Carr admitted that as a direct result of his professional negligence, he lost an award of $3,129,000 in her favor.
Comacho sued Carr and his firm last year, claiming he deviated from the standard of care in pursuing her claim against Belleville neurologist Stephen Burger. Jurors ruled for Burger after a nine-day trial ended on June 13, 2013, in Circuit Judge Vincent Lopinot’s court.
According to Comacho’s lawyer, Michael Kaczmarek of Chicago, Carr failed to object to a defense position that her failure to make or keep appointments caused her injuries.
Comacho also accused Carr of failing to present evidence that she sought no further treatment from Burger because he told her nothing was wrong with her and that her failure to return for an appointment was inconsequential.
She further claimed that Burger did not follow his procedure for notifying patients of conditions requiring return appointments and that Burger’s staff didn’t call her after obtaining results of blood work.
Comacho sued Burger as Lisa Quick in May 2011, claiming he failed to recognize a growing cut on her brain. The suit specifically alleged Burger failed to appreciate the significance of a one-centimeter lesion adjacent to her right carotid siphon. She claimed the lesion doubled in size in nearly a year’s time.
Because of the growing brain tissue, Quick alleged she developed injuries to her brain and brain stem. She claimed to have suffered double vision, headaches and memory loss.
Ted Dennis and Ransom Wuller represented Burger.
St. Clair County Circuit Court case number 14-L-546