Chicago Jury Awards $43.3 Million in Medical Negligence Case

32-Year-Old Woman Left in State of Unresponsiveness Following Negligent Emergency Care at Chicago Hospital

CHICAGO, IL, UNITED STATES, May 21, 2025 /EINPresswire.com/ -- A Cook County jury has awarded a $43,330,947.34 verdict to the Estate of Anna Wyrwal, a 32-year-old woman who was left in a state of unresponsiveness following negligent emergency care in May 2020. The verdict was returned on April 10, 2025, in the case of Andy Wyrwal, as Guardian of the Estate of Anna Wyrwal, a disabled person v. Eric Toone, M.D. (case #22-L-3854).

Anna Wyrwal was represented by attorneys Michael Kosner and Thomas Stewart of the Chicago-based personal injury law firm, Deratany & Kosner, who argued that Dr. Eric Toone’s actions at Chicago’s Community First Medical Center led directly to Anna’s devastating injuries.

Anna arrived at the emergency room presenting with symptoms including stridor and an inability to speak – signs which, it was later determined, stemmed from a psychological condition, not a physical airway obstruction. Despite this, Dr. Toone improperly concluded that Anna required intubation. After three failed intubation attempts, Dr. Toone switched to an emergency cricothyrotomy, which he also failed to perform correctly. These actions led to prolonged anoxia and cardiac arrest, ultimately causing the severe brain injury that left Anna unable to interact with or respond to her surroundings.

“Anna didn’t require any airway intervention at all,” said lead attorney Michael Kosner, a partner at Deratany & Kosner. “The tragedy is that Dr. Toone’s errors created the exact problem he thought he was trying to solve,” he added. “This verdict sends a powerful message about the importance of careful, evidence-based medical decision-making.”

The case was first filed on April 27, 2022, and culminated three years later in a 4.5-hour jury deliberation, with a panel composed of nine men and three women.

Deratany & Kosner worked closely with the nation’s top medical experts to examine Anna’s records, reconstruct the events that led to her injury, and explain to the jury what went wrong and what sort of care Dr. Toone should have provided when Anna arrived at the ER. “Our team approached trial with a comprehensive grasp of the medicine and science behind this case,” added attorney Thomas Stewart, who is also a partner at Deratany & Kosner. “That’s what allowed us to communicate these complex issues in a way that the jury could truly understand.”

This verdict marks one of the largest in the firm’s history and ensures that Anna will now receive the best possible care for the rest of her life. She currently lives in a ventilator hospital in Barrington, Illinois, where she requires 24-hour care, never expected to recover.

“Anna suffered an unimaginable loss, but at least her family no longer has to worry about being able to afford the care she needs,” Stewart added. “From the very first day, this case was about getting justice for Anna. Hearing the jury’s verdict and knowing that we were able to achieve that justice provided an immense feeling of happiness - and frankly, relief. We’re honored that the Wyrwal family trusted us with this case.”

The outcome also raises broader questions about the medical community’s ability to distinguish between physical and mental health symptoms, an issue with wide-reaching implications for patient care and emergency protocols.

For further information about Deratany & Kosner, visit www.lawinjury.com. For an interview with attorneys Michael Kosner or Thomas Stewart, contact Alisa Bay at 847-337-5970. To reach the firm directly, please call 312-815-6231. Deratany & Kosner is located at 221 N. LaSalle street, Suite 2200, Chicago, IL 60601.

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Deratany & Kosner, a Chicago-based law firm, has been recognized among the top personal injury law firms in Illinois. Founding attorney Jay Paul Deratany has been named to Best Lawyers in America^® since 2021 and has consistently been recognized as a top lawyer since 2007. The firm focuses on personal injury, medical malpractice, wrongful death, nursing home negligence, and other areas, including social services abuse and foster care negligence.

Alisa Bay
AB Public Relations
+1 847-337-5970
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