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AGUILERA v. MOUNT SINAI HOSP. MED. CENTER

No. 1-94-1893.

691 N.E.2d 1 (1997)

293 Ill. App.3d 967

229 Ill.Dec. 65

Hilda AGUILERA, Indiv. and as Special Adm'x of the Estate of Salvador Aguilera, Deceased, and as Mother and Next Friend of Leticia Aguilera and Salvador Aguilera, Jr., Minors, Plaintiff-Appellant, v. MOUNT SINAI HOSPITAL MEDICAL CENTER, and Karen Cervenka, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

As Modified on Denial of Rehearing January 21, 1998.

Attorney(s) appearing for the Case

Robert A. Holstein and Martin K. Berks, Law Offices of Robert A. Holstein & Assoc., P.C., Chicago, for Plaintiff-Appellant.

Lord, Bissell & Brook, Chicago (Hugh C. Griffin, Diane I. Jennings, Leslie J. Rosen and Stephanie A. Burris, of counsel), for Defendant-Appellee Mt. Sinai Hospital.

MODIFIED ON DENIAL OF REHEARING

Justice CAHILL delivered the opinion of the court:

We revisit, at the direction of our supreme court, an action for survival and wrongful death based on medical malpractice. The jury found for plaintiff and awarded substantial damages. The trial court entered judgment notwithstanding the verdict, finding "that no reasonable fact finder could conclude that the death of the * * * decedent was proximately caused by the failure...

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