CHICAGO, September 7, 2006 – A Chicago woman and her son who were injured as a result of a local physician’s failure to diagnose the woman’s kidney disease will receive a $4.75 million settlement in a medical malpractice case.  The case alleged that the woman’s physician failed to recognize or respond to obvious signs and symptoms of kidney disease throughout the woman’s pregnancy in 1998 and 1999.  As a result, the woman experienced end-stage renal disease and required dialysis until she received a kidney transplant in October of 2003.  Her son was born extremely small for his gestational age and was delivered prematurely because of the undiagnosed and untreated kidney disease.  The boy is unable to grow on his own and must undergo hormone treatments.

The law firm of Hurley McKenna & Mertz, led by Chicago attorneys Christopher Hurley and Michael Mertz, represented the family.

On December 3, 1998, when she was 24 years old, the client began seeing University of Chicago physician, Dr. Catherine Harth, for prenatal care.  Dr. Harth had been providing the client's routine gynecological care since May 15, 1991.   Throughout her pregnancy, the mother had dangerously high levels of protein in her urine.  Her proteinuria should have alarmed Dr. Harth because it meant that she was likely suffering from kidney disease.  Unfortunately for the client, Dr. Harth did not investigate the cause of the client's condition, which allowed her to progress into end-stage renal disease. 

The client had a kidney disease called Focal Segmental Glomerulosclerosis (FSGS), which is treatable if it is diagnosed before it becomes end-stage.  Expert physicians testified on behalf of the family that the mother would have been successfully treated for her disease if it had been diagnosed as late as the final days of her pregnancy.

Speaking after the settlement, plaintiffs’ attorney Christopher Hurley said, “We are pleased with this settlement.  Aside from being the right thing to do, it will allow our clients to have access to the necessary resources that will let them enjoy a higher quality of life.”