$7.3 Million Settlement for Family of Woman Who Died After Botched Endoscopy at Joliet Hospital

In June 2016, Michelle Swallow was diagnosed with acute gallbladder inflammation and underwent surgery at Silver Cross Hospital in New Lenox. Within two months, she developed abdominal pain and was referred to a gastroenterologist, who recommended an endoscopic retrograde cholangiopancreatography (ERCP) to check for bile duct stones.

On September 9, 2016, Swallow, then 30 years old, underwent the ERCP at Presence Saint Joseph Medical Center in Joliet. During the procedure, her gastroenterologist attempted twice to pass a tube into the bile duct and was unable to complete it. In the process, a hole formed in the common bile duct, and air was introduced into the duodenum. Swallow later noticed significant air under the skin of her face, chest, and neck.

Surgeons from Surgical Consultants of Joliet were called in to evaluate her. The plaintiff's case centered on what happened next: the surgeons knew about the hole in her bowel but delayed repairing it. That delay, the family alleged, gave bacteria time to spread. Swallow developed sepsis and was transferred to Advocate Christ Medical Center. She died there on September 21, 2016, twelve days after the procedure.

The family filed suit against Presence Central and Suburban Hospitals Network and the Surgical Consultants group, captioned Swallow v. Presence Central and Suburban Hospitals Network, et al., No. 2017 L 11235 in Cook County Circuit Court. Todd A. Smith, Brian LaCien, and Jason Williams of Smith LaCien LLP represented the estate of Swallow through six years of litigation.

Cook County Circuit Court Judge Kathy M. Flanagan initially presided over the case through much of the discovery and pre-trial phase. A Cook County judge approved a final settlement of $7.3 million on May 12, 2022. The facility, formerly Presence Saint Joseph Medical Center, was operating as AMITA Health Saint Joseph Medical Center Joliet by the time the case resolved. No reduction or remittitur was reported.