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Case Law Update: Lost Chance in Medical Malpractice

Matthews v. Aganad, No. 1-08-0499 (9-4-09) affirmed that a trial court within its discretion in denying motion for judgment n.o.v., as Plaintiffs’ experts offered no credible alternative standard of care for administration of vaccine to plaintiff, but only argued against using CDC guidelines as standard of care. Plaintiffs failed to establish proximate cause, and no “lost chance” because giving vaccine was contraindicated in Plaintiff’s case due to presence of fever. This Illinois case will have a great affect on medical malpractice cases.