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Monday, September 9, 2024

Defendant accused of Negligence

State Court
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A recent court filing reveals a contentious legal battle involving allegations of negligence and professional misconduct at a prominent medical clinic. The complaint, filed by Jeffery Dillon in the Circuit Court of Champaign County on November 17, 2020, targets Christie Clinic, LLC, and physical therapist Stacy Trulock.

Dillon's lawsuit centers around an incident on October 18, 2018, when he was placed on a traction table during a physical therapy session. According to Dillon, the table had previously malfunctioned and lacked a functioning patient interrupt button. As a precaution, he was given a bell to ring if any issues arose. During the treatment, the table allegedly malfunctioned again. Despite ringing the bell and shouting for help, Dillon claims that Trulock took an extended time to return and subsequently removed him from the table in a manner that exacerbated his spinal pain. Dillon further accuses Trulock of altering medical records to conceal the incident.

The initial complaint faced procedural challenges when defendants argued it was defective for not including a section 2-622 affidavit—a requirement under Illinois law for medical malpractice claims. Dillon later submitted supporting documentation from Dr. Matthew Wolpov suggesting that the care provided fell below acceptable standards.

As the case progressed, Dillon retained legal counsel who amended the complaint multiple times to address deficiencies and include expert reports. However, ongoing disputes about expert witness disclosures and adherence to court deadlines complicated matters further. Defendants moved for summary judgment in August 2022, arguing that Dillon failed to provide competent expert testimony establishing deviations from standard care practices.

Despite attempts by Dillon's new counsel to submit additional evidence and respond to defendants' motions, the trial court found these efforts insufficient. On March 27, 2023, Judge Benjamin W. Dyer granted summary judgment in favor of Christie Clinic and Stacy Trulock while also awarding attorney fees associated with defendants' objections to Dillon's filings.

Dillon appealed this decision on April 19, 2023; however, his appeal faces jurisdictional hurdles due to unresolved requests for attorney fees under Rule 137 of Illinois Supreme Court Rules—pertaining to sanctions for improper pleadings or motions. Without final resolution or specific findings related to these fee requests by the trial court—including no inclusion of Rule 304(a) language allowing partial judgments—the appellate court dismissed Dillon’s appeal citing lack of jurisdiction.

This case highlights significant procedural intricacies within medical malpractice litigation while underscoring stringent requirements plaintiffs must meet when pursuing such claims against healthcare providers.

Case ID No: 20-L-168.

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