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Remote Court date: 3/15/2023 9:30 AM
FILED
1/10/2023 4:32 PM
COUNTY OF COOK COUNTY ) IRIS Y. MARTINEZ
CIRCUIT CLERK
) SS
COOK COUNTY, IL
STATE OF ILLINOIS )
FILED DATE: 1/10/2023 4:32 PM 2023L000267

2023L000267
Calendar, X
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 20983276
COUNTY DEPARTMENT, LAW DIVISION

)
ELIZABETH O’LEARY, )
)
Plaintiff, )
) 2023L000267
v. )
)
VERNON T. CANNON, M.D., )
DUPAGE MEDICAL GROUP LTD, )
MIDWEST PHYSICIAN ADMINISTRATIVE )
SERVICES, LLC, DULY HEALTH AND )
CARE, )
)
Defendants. )

COMPLAINT AT LAW

NOW COMES the plaintiff, ELIZABETH O’LEARY, by her attorneys in this regard,

Hurley McKenna & Mertz, and as her Complaint at Law against defendants VERNON T.

CANNON, M.D., DUPAGE MEDICAL GROUP LTD., MIDWEST PHYSICIAN

ADMINISTRATIVE SERVICES, LLC, and DULY HEALTH AND CARE, she states as

follows:

COUNT I –NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS –

VERNON T. CANNON, M.D.

1. Plaintiff ELIZABETH O’LEARY is an adult female and was an

obstetrical/gynecological patient of Defendant VERNON T. CANNON, M.D.

2. Defendant VERNON T. CANNON, M.D. is a medical doctor practicing in

obstetrics and gynecology.

1
 3. Defendant VERNON T. CANNON, M.D. resides in Cook County and venue is

therefore proper.
FILED DATE: 1/10/2023 4:32 PM 2023L000267

4. Co-Defendants DUPAGE MEDICAL GROUP, LTD., MIDWEST PHYSICIAN

ADMINISTRATIVE SERVICES, LLC, and DULY HEALTH AND CARE is a large medical

practice conducting business in both DuPage County and Cook County, Illinois.

5. Plaintiff ELIZABETH O’LEARY began seeing various DMG physicians for care

by at least 2009.

6. ELIZABETH O’LEARY continued to see DMG physicians for care through

2019.

7. On July 6, 2016, ELIZABETH O’LEARY went into labor at Central DuPage

Hospital.

8. In the time leading up to July 6, 2016, DMG physicians had all assured

ELIZABETH O’LEARY that her pregnancy was normal and things were fine.

9. On July 6, 2016, Dr. Cannon delivered ELIZABETH O’LEARY’s baby.

10. That delivery resulted in a stillbirth.

11. After the stillbirth, VERNON T. CANNON, M.D. said nothing to the Plaintiff.

12. After the stillbirth, VERNON T. CANNON, M.D. did not look at or make eye

contact with either the Plaintiff or her husband.

13. After the stillbirth, VERNON T. CANNON, M.D. did make any effort to discuss

the stillbirth, its cause, or potential future complications with either Plaintiff or her husband.

14. Instead, VERNON T. CANNON, M.D. handed the baby to a nurse, turned around

and left the room without any further communication with the Plaintiff or her husband.

2
 15. The American College of Obstetrics and Gynecology (or ACOG) promulgates the

ethical requirements of obstetrician-gynecologists.

FILED DATE: 1/10/2023 4:32 PM 2023L000267

16. With respect to stillbirths, ACOG indicates that patients support should:

…include emotional support and clear communication of test results.

Bereavement care should be individualized to recognize bereaved parents’
personal, cultural, or religious needs. Other components of bereavement care after
a stillbirth include good communication; shared decision making; recognition of
parenthood; acknowledgement of a partners’ and families’ grief;
acknowledgement that grief is individual; awareness of burials, cremation, and
funerals; ongoing emotional and practical support; health professionals trained in
bereavement care; and health professionals with access to self-care.

17. Given these well-recognized standards of how a clinician should behave and treat

a patient following a stillbirth, VERNON T. CANNON, M.D. had a duty to comport his behavior

with said standards.

18. Further, every obstetrician-gynecologist recognizes the foreseeable consequences

of not providing this support to a woman who undergoes an unexpected stillbirth: emotional

distress to the would-be mother.

19. For these reasons, obstetrician-gynecologists, including Dr. Cannon, owe a duty

to provide the emotional support necessary following a stillbirth and to behave in a manner

similar to that of other obstetrician-gynecologists facing the same tragedy.

20. VERNON T. CANNON, M.D. breached that duty to the Plaintiff and negligently

inflicted emotional distress upon her when he:

i. Failed to adequately communicate with Plaintiff;

ii. Failed to provide any emotional support;

iii. Failed to clearly communicate test results with the patient;

iv. Failed to acknowledge the bereavement of the Plaintiff;

v. Failed to acknowledge the Plaintiff’s grief;

3
 vi. Failed to refer Plaintiff to any post-partum mental health or other care.

21. As a proximate cause of the act described above, Plaintiff suffered personal and
FILED DATE: 1/10/2023 4:32 PM 2023L000267

pecuniary damages, including but not limited to pain and suffering, loss of normal life, loss of

trust in medical providers, and other real and personal damages.

WHEREFORE Plaintiff, ELIZABETH O’LEARY, by and through her attorney in this

regard, HURLEY McKENNA & MERTZ, P.C. prays for damages against VERNON T.

CANNON, M.D. in an amount exceeding $50,000.00.

COUNT II –INSTITUTIONAL NEGLIGENCE –

DUPAGE MEDICAL GROUP, LTD., MIDWEST PHYSICIAN
ADMINISTRATIVE SERVICES, LLC, and DULY HEALTH AND CARE

1. Plaintiff ELIZABETH O’LEARY is an adult female and was an

obstetrical/gynecological patient of Defendant VERNON T. CANNON, M.D.

2. Defendant VERNON T. CANNON, M.D. is a medical doctor practicing in

obstetrics and gynecology.

3. Defendant VERNON T. CANNON, M.D. resides in Cook County and venue is

therefore proper.

4. Co-Defendants DUPAGE MEDICAL GROUP, LTD., MIDWEST PHYSICIAN

ADMINISTRATIVE SERVICES, LLC, and DULY HEALTH AND CARE is a large medical

practice conducting business in both DuPage County and Cook County, Illinois.

5. Plaintiff ELIZABETH O’LEARY began seeing various DMG physicians for care

by at least 2009.

6. ELIZABETH O’LEARY continued to see DMG physicians for care through

2019.

4
 7. On July 6, 2016, ELIZABETH O’LEARY went into labor at Central DuPage

Hospital.
FILED DATE: 1/10/2023 4:32 PM 2023L000267

8. In the time leading up to July 6, 2016, DMG physicians had all assured

ELIZABETH O’LEARY that her pregnancy was normal and things were fine.

9. On July 6, 2016, Dr. Cannon delivered ELIZABETH O’LEARY’s baby.

10. That delivery resulted in a stillbirth.

11. After the stillbirth, VERNON T. CANNON, M.D. said nothing to the Plaintiff.

12. After the stillbirth, VERNON T. CANNON, M.D. did not look at or make eye

contact with either the Plaintiff or her husband.

13. After the stillbirth, VERNON T. CANNON, M.D. did make any effort to discuss

the stillbirth, its cause, or potential future complications with either Plaintiff or her husband.

14. Instead, VERNON T. CANNON, M.D. handed the baby to a nurse, turned around

and left the room without any further communication with the Plaintiff or her husband.

15. At the time, DMG knew or should have known that Vernon T. Cannon, M.D. was

incapable of providing the requisite emotional and bereavement support to parents.

16. There are at least three reasons DMG should have Vernon T. Cannon was not

capable of providing said support.

17. First, upon information and belief and based upon Vernon Cannon, M.D.’s

interrogatory answers in a separate action, Vernon T. Cannon, M.D. fathered a child with a

current or former patient in approximately 2013 or 2014.

18. Second, that relationship was made public by way of a domestic violence police

report in which it was clear that Dr. Cannon and the alleged victim shared a child together.

5
 19. Third, upon information and belief, a colleague of Dr. Cannon’s complained to

DMG management about Dr. Cannon’s inappropriate interactions with patients and her
FILED DATE: 1/10/2023 4:32 PM 2023L000267

complaints were ignored. That colleague ultimately transferred locations because she no longer

wanted to with Dr. Cannon.

20. Despite this knowledge, DMG continued to allow Dr. Cannon to see patients

unsupervised.

21. Subsequent to the aforementioned events, DMG learned from patient care surveys

that Dr. Cannon was consuming alcohol and examining patients.

22. In 2018, a patient reported the following to DMG:

23. In 2019, DMG received the following complaints about Dr. Cannon:

24. DMG did not address any of these Complaints in any meaningful way until

October of 2019, at the earliest.

25. At that time, for reasons that remain unclear to Plaintiff, Dr. Cannon was

temporarily placed on leave.

6
 Special Relationship

31. Because the relationship between a woman and her healthcare provider are
FILED DATE: 1/10/2023 4:32 PM 2023L000267

personal health decisions, the relationship between Plaintiff and Defendants is necessarily one

built on trust.

32. The relationship between Plaintiff and Defendants was a “special relationship”

under Illinois law.

33. The patient-physician relationship is a fiduciary one.

34. As such, Defendants should have affirmatively disclosed their knowledge to

Plaintiff that Dr. Cannon was not qualified to render the care required during and immediately

following a stillbirth. Specifically, Defendants should have disclosed their knowledge of a) Dr.

Cannon’s prior improper relationships with patients; b) the fact that one of Dr. Cannon’s

colleagues reported him and asked to no longer work with him; c) that they had three complaints

of misconduct by Dr. Cannon between 2018 and 2019 and did nothing about it.

Fraudulent Concealment

35. Instead, of disclosing this information to Plaintiff, Defendants concealed their

negligence in the following ways: a) failed to disclose to Plaintiff their knowledge of prior

inappropriate conduct with patients; b) failed to disclose their knowledge VERNON T.

CANNON, M.D. practiced medicine while intoxicated; c) allowed VERNON T. CANNON,

M.D. to continue practicing medicine; d) instructed its lawyers to deem the Patient Care Surveys

“confidential” and to fight against their disclosure.

36. The fraudulent misrepresentations of Defendants and their failure to disclose their

knowledge of VERNON T. CANNON M.D.’s tendency to have inappropriate relationships with

patients and to practice medicine while intoxicated caused ELIZABETH O’LEARY to delay

7
 filing her claim, as she did not believe she had a claim based upon Defendants’ lack of

disclosure.
FILED DATE: 1/10/2023 4:32 PM 2023L000267

37. Plaintiff ultimately learned of the misdeeds of VERNON T. CANNON, M.D. and

DUPAGE MEDICAL GROUP, LTD. in media reports that took place no earlier than August 16,

2022.

38. Plaintiff promptly contacted an attorney and filed her Complaint shortly

thereafter.

39. Given the above described circumstances, special relationship, and fraudulent

concealment, Plaintiff’s statute of limitations and statute of repose are tolled.

40. The American College of Obstetrics and Gynecology (or ACOG) promulgates the

ethical requirements of obstetrician-gynecologists.

41. With respect to stillbirths, ACOG indicates that patients support should:

…include emotional support and clear communication of test results.

Bereavement care should be individualized to recognize bereaved parents’
personal, cultural, or religious needs. Other components of bereavement care after
a stillbirth include good communication; shared decision making; recognition of
parenthood; acknowledgement of a partners’ and families’ grief;
acknowledgement that grief is individual; awareness of burials, cremation, and
funerals; ongoing emotional and practical support; health professionals trained in
bereavement care; and health professionals with access to self-care.

42. Given these well-recognized standards of how a clinician should behave and treat

a patient following a stillbirth, DUPAGE MEDICAL GROUP LTD., MIDWEST PHYSICIAN

ADMINISTRATIVE SERVICES, LLC, and DULY HEALTH AND CARE had a duty to

manage its practice and implement policies and procedures to ensure women received proper

care.

8
 43. Further, every obstetrician-gynecologist and physician recognizes the foreseeable

consequences of not providing this support to a woman who undergoes an unexpected stillbirth:
FILED DATE: 1/10/2023 4:32 PM 2023L000267

emotional distress to the would-be mother.

44. For these reasons, DUPAGE MEDICAL GROUP LTD., MIDWEST

PHYSICIAN ADMINISTRATIVE SERVICES, LLC, and DULY HEALTH AND CARE, owed

a duty to ensure patients receive the emotional support necessary following a stillbirth.

45. DUPAGE MEDICAL GROUP, LTD., MIDWEST PHYSICIAN

ADMINISTRATIVE SERVICES, LLC, and DULY HEALTH AND CARE. breached that duty

to the Plaintiff and was negligent when it:

a. Failed to recognize that Dr. Vernon Cannon was not capable of providing the

requisite care to patients;

b. Failed to heed the warnings of Dr. Vernon Cannon’s colleagues about his

inappropriate interactions with patients;

c. Failed to implement policies and procedures that would ensure patients received

proper bereavement care;

d. Failed to properly manage the medical group;

e. Failed to recognize the risk Dr. Cannon posed to his patients;

f. Failed to vet Dr. Cannon;

g. Failed to respond to patient complaints about Dr. Cannon;

h. Failed to train its staff, including its “Patient Experience Team” to recognize

problems with physicians, including inappropriate relationships with patients and

alcohol use.

i. Failed to follow its own policies and procedures.

9
 46. As a proximate cause of the acts or omissions of DUPAGE MEDICAL GROUP,

LTD., MIDWEST PHYSICIAN ADMINISTRATIVE SERVICES, LLC, and DULY HEALTH

FILED DATE: 1/10/2023 4:32 PM 2023L000267

AND CARE , Plaintiff suffered personal and pecuniary damages, including but not limited to

pain and suffering, loss of normal life, loss of trust in medical providers, and other real and

personal damages.

WHEREFORE Plaintiff, ELIZABETH O’LEARY, by and through her attorney in this

regard, HURLEY McKENNA & MERTZ, P.C. prays for damages against DUPAGE MEDICAL

GROUP, LTD., MIDWEST PHYSICIAN ADMINISTRATIVE SERVICES, LLC, and DULY

HEALTH AND CARE exceeding $50,000.00.

COUNT III –NEGLIGENT SUPERVISION AND RETENTION -

DUPAGE MEDICAL GROUP, LTD., MIDWEST PHYSICIAN ADMINISTRATIVE
SERVICES, LLC, and DULY HEALTH AND CARE

1-39. Plaintiff re-asserts and re-alleges Paragraphs 1-43 of Count II of this Complaint at

Law as and for Paragraphs 1-43 of Count III of this Complaint at Law.

40. The American College of Obstetrics and Gynecology (or ACOG) promulgates the

ethical requirements of obstetrician-gynecologists.

41. With respect to stillbirths, ACOG indicates that patients support should:

…include emotional support and clear communication of test results.

Bereavement care should be individualized to recognize bereaved parents’
personal, cultural, or religious needs. Other components of bereavement care after
a stillbirth include good communication; shared decision making; recognition of
parenthood; acknowledgement of a partners’ and families’ grief;
acknowledgement that grief is individual; awareness of burials, cremation, and
funerals; ongoing emotional and practical support; health professionals trained in
bereavement care; and health professionals with access to self-care.

42. Given these well-recognized standards of how a clinician should behave and treat

a patient following a stillbirth, DUPAGE MEDICAL GROUP LTD., MIDWEST PHYSICIAN

10
 ADMINISTRATIVE SERVICES, LLC, and DULY HEALTH AND CARE had a duty to

manage its practice and implement policies and procedures to ensure women received proper
FILED DATE: 1/10/2023 4:32 PM 2023L000267

care.

43. Further, every obstetrician-gynecologist and physician recognizes the foreseeable

consequences of not providing this support to a woman who undergoes an unexpected stillbirth:

emotional distress to the would-be mother.

44. For these reasons, DUPAGE MEDICAL GROUP LTD., MIDWEST

PHYSICIAN ADMINISTRATIVE SERVICES, LLC, and DULY HEALTH AND CARE, owed

a duty to ensure patients receive the emotional support necessary following a stillbirth.

45. DUPAGE MEDICAL GROUP, LTD., MIDWEST PHYSICIAN

ADMINISTRATIVE SERVICES, LLC, and DULY HEALTH AND CARE. breached that duty

to the Plaintiff and was negligent when it:

a. Retained Dr. Cannon when it knew or should have known that he had

inappropriate relationships with current and former patients;

b. Retained Dr. Cannon when it knew or should have known his medical judgment

was clouded by his alcohol use;

c. Retained Dr. Cannon when it knew or should have known he was not capable of

providing the requisite emotional support to patients;

d. Retained Dr. Cannon when it knew or should have known colleagues complained

about Dr. Cannon’s inappropriate behavior with patients;

e. Failed to adequately supervise Dr. Cannon when it knew or should have known

his medical judgment was clouded by his alcohol use;

11
 f. Failed to adequately supervise Dr. Cannon when it knew or should have known

colleagues complained about Dr. Cannon’s conduct with patients;

FILED DATE: 1/10/2023 4:32 PM 2023L000267

g. Failed to restrict Dr. Cannon’s practice while investigating prior Complaints.

46. As a proximate cause of the acts or omissions of DUPAGE MEDICAL GROUP,

LTD., MIDWEST PHYSICIAN ADMINISTRATIVE SERVICES, LLC, and DULY HEALTH

AND CARE , Plaintiff suffered personal and pecuniary damages, including but not limited to

pain and suffering, loss of normal life, loss of trust in medical providers, and other real and

personal damages.

WHEREFORE Plaintiff, ELIZABETH O’LEARY, by and through her attorney in this

regard, HURLEY McKENNA & MERTZ, P.C. prays for damages against DUPAGE MEDICAL

GROUP, LTD., MIDWEST PHYSICIAN ADMINISTRATIVE SERVICES, LLC, and DULY

HEALTH AND CARE exceeding $50,000.00.

HURLEY MCKENNA & MERTZ

By: /s/ Evan M. Smola

Evan M. Smola
Attorney for Plaintiff

Evan Smola
Christopher Cortese
HURLEY McKENNA & MERTZ, P.C.
Attorneys for Plaintiff
20 S. Clark St. Suite 2250
Chicago, Illinois 60602
(312) 553-4900
Atty. No. 41267
www.hurley-law.com
esmola@hurley-law.com
ccortese@hurley-law.com

12
 FILED
1/10/2023 4:32 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
2023L000267
COUNTY OF COOK COUNTY ) Calendar, X
) SS
STATE OF ILLINOIS )
FILED DATE: 1/10/2023 4:32 PM 2023L000267

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, LAW DIVISION

ELIZABETH O’LEARY, )
)
Plaintiff, )
) 2023L000267
v. )
)
VERNON T. CANNON, M.D., )
DUPAGE MEDICAL GROUP LTD, )
MIDWEST PHYSICIAN ADMINISTRATIVE )
SERVICES, LLC, DULY HEALTH AND )
CARE, )
)
Defendants. )

AFFIDAVIT PURSUANT TO SECTION 2-622

I, Evan M. Smola, being duly sworn on oath depose and state as follows:

1. The consultation required by Illinois Code of Civil Procedure Section 2-622 could
not be obtained because the defendants have responded by producing records that Plaintiff’s
Counsel believes to be incomplete.

2. The request for medical records was made by the plaintiff’s attorney for
examination and copying of the medical records pursuant to Part 20 of Article VIII of the Code
of Civil Procedure. Though DuPage Medical Group responded to medical records requests, the
response did not include key records involving the care at issue. Specifically, the records did not
include:

a. Labor and Delivery report for the stillborn child;

b. Pathology results;
c. Any note by Dr. Cannon regarding the delivery.
3. This case has not previously been voluntarily dismissed.

4. By providing this affidavit, I do not admit or stipulate that 735 ILCS 5/2-622
applies to the subject matter of this case. Gragg v. Calandra, 297 Ill. App. 3d 639 (2d Dist.
1998); Owens v. Manor Health Care Corp., 159 Ill. App. 3d 684 (4th Dist. 1987).

13
 /s/ Evan M. Smola
Evan M. Smola
FILED DATE: 1/10/2023 4:32 PM 2023L000267

[X] Under penalties as provided by law

pursuant to 735 ILCS 5/1-109 the
undersigned certifies that the statements
set form herein are true and
current

14
 FILED
1/10/2023 4:32 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
COUNTY OF COOK COUNTY ) 2023L000267
) SS Calendar, X
STATE OF ILLINOIS )
FILED DATE: 1/10/2023 4:32 PM 2023L000267

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, LAW DIVISION

)
ELIZABETH O’LEARY, )
)
Plaintiff, ) 2023L000267
)
v. )
)
VERNON T. CANNON, M.D., )
DUPAGE MEDICAL GROUP LTD, )
MIDWEST PHYSICIAN ADMINISTRATIVE )
SERVICES, LLC, DULY HEALTH AND )
CARE, )
)
Defendants. )

JURY DEMAND

NOW COMES the plaintiff, ELIZABETH O’LEARY, by and through her attorneys in

this regard, Hurley McKenna & Mertz, P.C., and hereby demands that this matter be tried before

a jury of twelve persons.

HURLEY MCKENNA & MERTZ

By: /s/Evan M. Smola ____

Evan M. Smola
Attorney for Plaintiff

Evan M. Smola
Christopher C. Cortese
HURLEY McKENNA & MERTZ, P.C.
Attorneys for Plaintiff
33 N. Dearborn Street, Suite 1430
Chicago, Illinois 60602
(312) 553-4900
Atty. No. 41267
www.hurley-law.com
esmola@hurley-law.com

15
 FILED
1/10/2023 4:32 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
COUNTY OF COOK COUNTY ) 2023L000267
) SS Calendar, X
STATE OF ILLINOIS )
FILED DATE: 1/10/2023 4:32 PM 2023L000267

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, LAW DIVISION

)
ELIZABETH O’LEARY, )
)
Plaintiff, ) 2023L000267
)
v. )
)
VERNON T. CANNON, M.D., )
DUPAGE MEDICAL GROUP LTD, )
MIDWEST PHYSICIAN ADMINISTRATIVE )
SERVICES, LLC, DULY HEALTH AND )
CARE, )
)
Defendants. )

AFFIDAVIT PURSUANT TO SUPREME COURT RULE 222 (b)

Pursuant to Supreme Court Rule 222 (b), counsel for the above named Plaintiff certifies
that Plaintiff seeks money damages in excess of Fifty Thousand and 00/100ths Dollars
($50,000.00).

/s/ Evan M. Smola

Evan M. Smola
One of the Plaintiff’s Attorneys

[X] Under penalties as provided by law

pursuant to 735 ILCS 5/1-109 the
undersigned certifies that the statements
set form herein are true and
current

16