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Sommer Luzynczyk and Mike Barry secure a defense verdict on behalf of two reproductive endocrinology and fertility specialists

The trial team of Sommer Luzynczyk and Michael A. Barry Barry secured a defense verdict on behalf of their clients, two reproductive endocrinology and infertility specialists.

The jury trial was held before Judge Frank Andreou in the Circuit Court of Cook County. The plaintiff alleged that the physicians failed to timely diagnose and treat a bacterial pelvic infection stemming from an IVF egg retrieval procedure after the plaintiff developed symptoms of cramping and fever. Sommer and Mike successfully argued that the treatment plan put in place by the physicians was reasonable and that the plaintiff’s symptoms were consistent with ovarian stimulation or inflammation of the plaintiff’s endometriosis, not infection. Eight days following the alleged delayed diagnosis of the infection, plaintiff was diagnosed with a pelvic infection and underwent surgery to treat the infection with removal of a partial ovary and her fallopian tubes. Sommer and Mike argued that this infection was not caused by the IVF procedure, but rather the result of an appendiceal tumor that began leaking mucin in the setting of stimulation from the fertility treatments.

The appendiceal tumor was found incidentally 13 months later in a separate surgery.

October 2024