Supreme Court Ruling in Steed v. Rezin Orthopedics and Sports Medicine, S.C., 2021 IL 125150

The Illinois Supreme Court issued its opinion January 22, 2021 in Steed v. Rezin Orthopedics and Sports Medicine, S.C., 2021 IL 125150, reversing the appellate court judgment and affirming a defense jury verdict. Glenn Steed suffered an Achilles tendon tear, sought treatment at Rezin, and was told to return in two weeks. Rezin’s receptionist scheduled the follow-up more than three weeks from the initial appointment; Steed passed away from a pulmonary embolism more than two weeks later, but before his follow-up appointment. His estate alleged institutional negligence against Rezin for its failure to schedule as the physician had directed.

At trial, the jury entered a defense verdict, but the Third District Appellate Court reversed, finding that if Steed had returned within two weeks, the DVT would likely have been diagnosed and treated. In reversing, the Supreme Court held that the appellate court ignored evidence that the DVT formed after the two-week timeframe; and that the appellate court did not address “legal cause,” i.e., whether the death was the natural and not merely remote consequence of the scheduling failure. Recognizing that the appellate court improperly substituted its judgment for that of the jury, the Supreme Court reversed.

Robert Elworth of HeplerBroom, LLC in Chicago drafted an amicus brief on behalf of the IDC in support of Defendant’s position.