Illinois Woman Pursues Justice in Ongoing Medical Malpractice Case

By Daniel Hawn

Published on August 02, 2005

Sullivan underwent the operation in 1996. She claims that during the procedure, Dr. Robert Eichmann punctured her bowels several times, causing her to require further surgeries and ultimately causing her to develop peritonitis.

She charged him with medical malpractice in September 1998. However, the judge did not allow Sullivan to substitute attorneys when the one who was representing her was unable to produce an expert witness.

Because she did not have an expert to testify on her behalf, Circuit Judge Ron Pirello ruled in favor of Eichmann. The 2nd District Appellate Court subsequently upheld the decision.

Attorney Mike Holoka originally attempted to replace Sullivan's attorney when he was unable to yield an expert witness. While the judge denied his attempt, Holoka did eventually get the opportunity to help Sullivan. Representing her before the Illinois Supreme Court, he won a favorable decision, enabling her case to be heard again in the Winnebago County Courthouse. Holoka considered the Supreme Court's decision exceptional. "Just to have the Supreme Court give us a hearing on it was extremely unusual."
Of the ordeal, Sullivan said "It was a simple $1,300 outpatient procedure, and it turned into a whole lot more - nine years of my life."

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