Lowis & Gellen's Appellate Practice Group won two more victories this week for our clients. In a medical malpractice case alleging a failure to diagnose a brain tumor in a child that went to a jury trial in early 2002, verdicts were returned in favor of both Lowis & Gellen's clients, a pediatric neuroradiologist and a large Chicago area teaching hospital. The plaintiffs appealed, asserting that they were entitled to a new trial based on evidentiary errors committed by the trial court. The First District Appellate Court rejected the plaintiffs' arguments and affirmed the lower court decision. The court did not take oral argument on this matter, which meant the case was won on the strength of the trial record and the brief. The trial attorneys were Jennifer Lowis and Jenny Ostrom Blake and the appellate attorneys were Deborah O'Brien and Joan M. Kubalanza.

In the second case, an employee recovered a settlement amount in the Illiniois Industrial Commission and sought review of the Industrial Commission's order. Lowis & Gellen, on behalf of its client, a community hospital, moved to dismiss the complaint in the trial court arguing that the plaintiff had not timely filed his action for judicial review. The trial court agreed that the employee had waited too long to seek judicial review and dismissed the action. The plaintiff appealled. The Appellate Court affirmed the lower court's decision. Mike Code and Denise Siegel handled the matter in the trial court and Denise Siegel and Joan M. Kubalanza were the appellate attorneys. Again, the case was won on the record below and on the strength of the brief as the Appellate Court did not hear oral argument.