Source: Crain’s Chicago Business
Renowned chef Grant Achatz, whose successful battle with tongue cancer added an unusual twist to his story, has dropped his medical malpractice lawsuits filed against Chicago dentists.
Mr. Achatz sued two dentists and their practices in April 2008 in Cook County Circuit Court for negligence. He claimed neither took the steps necessary to diagnose his cancer. He sought damages in excess of $50,000 plus court costs.
The last of the suits, one filed against Dr. Loveline Dulay and her Wilmette practice, was dismissed Wednesday, according to another defendant’s attorney. The medical malpractice trial had already started with jury selection under way, the attorney said.
Mr. Achatz’s attorney, Chuck Hornewer of Phillips Law Offices of Chicago, declined to comment.
Mr. Achatz and his business partner Nick Kokonas opened Alinea in 2005. While it was accumulating accolades from around the country (and eventually from around the world), Mr. Achatz noticed a painful lesion on his tongue. In November 2005 he visited Dr. Dulay, who did not order a biopsy, a decision that Mr. Achatz said was negligent, according to his original complaint. In July 2006, he visited Dr. Michelle Schwartz at Bucktown Wicker Park Dental Associates, who also did not order a biopsy. Mr. Achatz believed she was also negligent, according to the original complaint.
By 2007, he was diagnosed with stage 4 tongue cancer, and doctors found the cancer metastasized to his neck. He took part in a University of Chicago clinical trial that used radiation and chemotherapy, rather than the typical method of removing parts of his tongue. His cancer is now in remission.
The chef is also a co-owner with Mr. Kokonas of Next, another eatery that has received much buzz.
The suit against Dr. Schwartz was dismissed with prejudice on Friday, said Roger Littman, her attorney at Hughes Socol Piers Resnick & Dym Ltd. He said the complaint against Dr. Schwartz was “dismissed voluntarily by the plaintiff after ascertaining her level of liability.”
The case against Bucktown Wicker Park Dental Associates was dismissed with prejudice after both parties reach an undisclosed settlement, according to a court document. Attorneys for the dental practice were not available for immediate comment.
Claims against Otolaryngology Group Ltd. of Glenview, which was not part of the original complaint, were dismissed a “matter of weeks ago,” Mr. Littman said.
This news story was resourced by the Oral Cancer Foundation, and vetted for appropriateness and accuracy.
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