August 2, 2007
KATHERINE BERGMAN, Special Adm'r of the ) Appeal from
Estate of Isaac Bergman, Deceased, ) the Circuit Court
) of Cook County.
ROBERT KELSEY, OLLENDORF and )
KELSEY, LTD., a Professional Corporation, and ) Honorable
NORTHWESTERN MEMORIAL HOSPITAL, ) Lynn M. Egan
a Corporation, ) Judge Presiding.
PRESIDING JUSTICE QUINN delivered the opinion of the court:
Plaintiff Katherine Bergman filed a medical malpractice suit against Robert Kelsey,
Ollendorf and Kelsey, Ltd. and Northwestern Memorial Hospital (defendants) following the
death of her newborn son from a Group B streptococcus (GBS) infection. Following a trial, on
February 25, 2005, the jury returned a verdict in favor of plaintiff for $1,750,000. The parties
agreed that the verdict was subject to a $225,000 setoff for a prior settlement, and the circuit
court entered a $1,525,000 judgment against defendants. The circuit court subsequently denied
defendants’ posttrial motion and defendants now appeal. On appeal, defendants contend that the
circuit court erred in denying their request for judgment notwithstanding the verdict (judgment
n.o.v.) and a new trial. For the following reasons, we affirm.