Ochoa v. O'Toole

── Ochoa v. O'Toole ── Court: Appellate Court of Illinois Date: April 17, 2026 Category: General 2026 IL App (1st) 250079-U FIRST DISTRICT, SIXTH DIVISION April 17, 2026 No. 1-25-0079 NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). _____________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT _____________________________________________________________________________ MIGUEL OCHOA, as Independent Administrator of ) the ESTATE OF ANA OCHOA, deceased, ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) Cook County, Illinois. ) v. ) No. 18 L 9286 ) MATTHEW O’TOOLE, M.D., MARK KUSHNER, ) Honorable M.D., and SHARON SHUNG, M.D., ) Ronald F. Bartkowicz, ) Judge Presiding. Defendants-Appellees. ) _____________________________________________________________________________ JUSTICE GAMRATH delivered the judgment of the court. Presiding Justice C.A. Walker and Justice Hyman concurred in the judgment. ORDER ¶1 Held: In this medical malpractice case, the jury returned a verdict for defendants. We hold that (1) although expert’s brief reference to what “the panels” recommend was hearsay, it was not so prejudicial as to warrant reversal; (2) the trial court did not abuse its discretion in its remaining evidentiary rulings; (3) plaintiff showed no prejudice from the court’s comment permitting the jury to discuss the case before the close of evidence; and (4) the verdict was not against the manifest weight of the evidence.  No. 1-25-0079 ¶2 On August 23, 2016, Ana Ochoa was admitted to the emergency department at the University of Illinois Hospital in Chicago. On August 28, while still at the hospital, Ana died from septic shock secondary to E. coli bacteremia. Ana’s son Miguel Ochoa, as the administrator of Ana’s estate, brought a medical malpractice suit against Drs. Mark Kushner, Matthew O’Toole, and Sharon Shung. Ochoa alleged that Ana had been suffering from an E. coli urinary tract infection (UTI) beginning on July 27 that progressed until it caused her death, and that defendants fell below the standard of care by failing to treat the UTI through consultation with an infectious disease specialist or the ordering of appropriate antibiotics. ¶3 Following a jury trial, judgment was entered in favor of defendants. Ochoa appeals, and we affirm. ¶4 I. BACKGROUND ¶5 A. Ana’s Hospitalizations in July and August 2016 ¶6 Ana, who was 64 years old, suffered from membranous glomerulonephritis, a chronic autoimmune kidney disease. Under the care of nephrologist Dr. Claudia Lora, Ana was on multiple medications to suppress her immune system and reduce inflammation. ¶7 On July 27, 2016, Ana was presented to the University of Illinois Hospital in Chicago with complaints of back, flank, and leg pain