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Professional Negligence Law Reporter

Case In Point

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Failure to perform valve replacement

November 19, 2024

Deborah Giorno had a history of rheumatic heart disease, which led to surgery to replace her mitral valve. She later received a diagnosis of atrial fibrillation and underwent a successful cardioversion. The following year, she developed shortness of breath and had difficulty with activities of daily living. A follow-up echocardiogram showed a 55% ejection fraction and moderate aortic stenosis. After additional testing, two of her treating cardiologists admitted her to Advocate Good Samaritan Hospital, where she underwent placement of a bi-ventricular pacemaker. Giorno’s atrial fibrillation persisted, and an echocardiogram showed severe aortic stenosis with an ejection fraction of 25%. She later underwent another cardioversion.

The following year, she reported to her treating cardiologist that she had persistent shortness of breath and chest fullness. The physician planned a repeat echocardiogram and heart catheterization; however, Giorno was admitted to the hospital shortly thereafter. She was later referred for a transcatheter aortic valve replacement (TAVR) procedure but died a week before it was scheduled to take place. Giorno, 67, is survived by her husband and two children.

Giorno’s husband, individually and on behalf of her estate, sued Advocate Health and Hospitals Corp., alleging that the treating providers should have performed the TAVR more than a year and a half earlier in light of Giorno’s worsening symptoms.

The jury awarded $8 million. Prejudgment interest brings the award to more than $9.5 million.

Citation: Giorno v. Advocate Health & Hosps. Corp., No. 19 L 7372 (Ill. Cir. Ct. Cook Cnty. Sept. 12, 2024).

Plaintiff counsel: AAJ members Bradley M. Cosgrove and Thomas Tomasik, both of Chicago.