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Remote Court date: 11/1/2022 10:00 AM
FILED
8/26/2022 4:57 PM
COUNTY OF COOK COUNTY ) IRIS Y. MARTINEZ
CIRCUIT CLERK
) SS
COOK COUNTY, IL
STATE OF ILLINOIS )
FILED DATE: 8/26/2022 4:57 PM 2022L007749

2022L007749
Calendar, D
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 19263314
COUNTY DEPARTMENT, LAW DIVISION

)
ASHLY BARRETT, )
)
Plaintiff, )
)
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, ASHLY BARRETT, by her attorneys in this regard, Hurley

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

M.D. and DUPAGE MEDICAL GROUP LTD., she states as follows:

COUNT I – MEDICAL BATTERY – VERNON T. CANNON, M.D.

1. Plaintiff ASHLY BARRETT was an adult female and was an obstetrical /

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

2. Plaintiff ASHLY BARRETT is sometimes known (including within her medical

records) as ASHLY VILLANUEVA.

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

obstetrics and gynecology.

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

therefore proper.
FILED DATE: 8/26/2022 4:57 PM 2022L007749

5. Co-Defendant DUPAGE MEDICAL GROUP, LTD. is a large medical practice

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

6. Co-Defendants MIDWEST PHYSICIAN ADMINISTRATIVE SERVICES, LLC

and DULY HEALTH AND CARE are the successors in interest – both in assets and liabilities –

for DUPAGE MEDICAL GROUP, LTD.

7. Prior to January 5, 2017, Plaintiff ASHLY BARRETT became pregnant with her

third child.

8. In the weeks and months leading up to her ultimate delivery, Defendant

VERNON T. CANNON, M.D. spoke with ASHLY BARRETT about a tubal ligation procedure

that he felt should be done at the time of her planned caesarian section.

9. In those weeks and months, ASHLY BARRET did not sign a consent form for

any sterilization procedure.

10. The standard of care, along with state and federal regulations, require consent for

all sterilization procedures to occur more than thirty days away from the planned procedure.

11. Instead of obtaining consent in advance, VERNON T. CANNON, M.D.

convinced ASHLY BARRETT to undergo a bilateral tubal ligation on the day of her caesarian

section.

12. ASHLY BARRETT reluctantly signed the consent form in the early morning

hours of January 5, 2017 – the same day as her delivery.

13. Instead of performing the consented to procedure – a tubal ligation – VERNON T.

CANNON, M.D. performed bilateral salpingectomies.

2
 14. There is a medical procedure available to reverse tubal ligations.

15. There are no medical procedures available to reverse bilateral salpingectomies.

FILED DATE: 8/26/2022 4:57 PM 2022L007749

16. The tubal ligation reversal procedures are variously reported as being effective

50% to 80% of the time, depending on the study.

17. At no time did VERNON T. CANNON, M.D. inform ASHLY BARRETT that he

had performed bilateral salpingectomies.

18. At no time did ASHLY BARRETT consent to bilateral salpingectomies.

19. As such, VERNON T. CANNON, M.D. committed a medical battery upon

ASHLY BARRETT on or about January 5, 2017.

20. ASHLY BARRETT subsequently sought to have her tubal ligation – the

procedure she consented to – reversed.

21. Beginning in August of 2020, she sought her medical records from DuPage

Medical Group and Central DuPage Hospital in anticipation of seeing a specialist that could

help.

22. On or about August 28, 2020, her records were printed and subsequently provided

to her.

23. It was only after August 28, 2020, that ASHLY BARRETT discovered that

VERNON T. CANNON, M.D. had performed a procedure that she had not consented to.

24. It was only after August 28, 2020, that ASHLY BARRET learned she had

undergone bilateral salpingectomies.

25. Approximately one week after obtaining her records, and to the best of her

recollection sometime in early September, ASHLY BARRET contacted Defendant VERNON T.

CANNON, M.D. through his staff at co-Defendants DUPAGE MEDICAL GROUP, LTD.,

3
 MIDWEST PHYSICIAN ADMINISTRATIVE SERVICES, LLC and/or DULY HEALTH AND

CARE.
FILED DATE: 8/26/2022 4:57 PM 2022L007749

26. In early September of 2020, ASHLY BARRETT asked defendant, through his

staff, why VERNON T. CANNON, M.D. had performed a procedure she had not consented to

and that was not reversible.

27. At that time, Defendants told ASHLY BARRETT that when she “consented to

one sterilization procedure she consented to them all.”

28. By making the above statement, Defendants misled ASHLY BARRETT into

believing that Defendants had done nothing wrong.

Special Relationship

29. Because patients, including Plaintiff, trust Defendants with their most intimate,

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

one built on trust.

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

under Illinois law.

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

32. As such, Defendants should have disclosed their mistake upon Plaintiff’s inquiry.

Defendants should have disclosed that ASHLY BARRETT did not consent to the procedure and

that they had performed a surgery that ASHLY BARRETT did not consent to.

Fraudulent Concealment

33. Instead, Defendants concealed their error when they suggested to Plaintiff that

consent to one sterilization procedure was essentially a consent to all sterilization procedures.

4
 34. ASHLEY BARRETT therefore was misled into believing she did not have a

claim against Defendants.

FILED DATE: 8/26/2022 4:57 PM 2022L007749

35. The fraudulent misrepresentations of Defendants caused ASHLEY BARRET to

delay filing her claim, as she did not believe she had a claim based upon Defendants’

misrepresentations.

36. 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.

37. Plaintiff promptly contacted an attorney and filed her Complaint within days of

contacting the undersigned counsel.

38. Given the above circumstances, special relationship, and fraudulent

misrepresentations, Plaintiff’s statute of limitations and statute of repose should be tolled.

39. As a physician, VERNON T. CANNON, M.D. owed Plaintiff a duty to avoid

medically battering her and performing surgeries that he did not have Plaintiff’s consent to

perform.

40. VERNON T. CANNON, M.D. medically battered the Plaintiff when he:

a. Failed to properly obtain written consent for a sterilization procedure;

b. Failed to obtain written consent thirty days in advance of the sterilization

procedure;

c. Failed to explain to Plaintiff that the procedure he planned to perform was

irreversible;

d. Failed to explain to the Plaintiff the difference between tubal ligation and the
procedure he intended to perform;

e. Failed to follow accepted practices, the standard of care, federal regulations, and
state regulations in obtaining consent for sterilization procedures;

5
 f. Performed a procedure that Plaintiff did not consent to.

g. Performed a procedure that, had Plaintiff known was irreversible, Plaintiff would
FILED DATE: 8/26/2022 4:57 PM 2022L007749

not have consented to.

41. To the extent the above acts and omissions are not considered a “medical battery,”

plaintiff incorporates them as allegations of medical negligence against VERNON T. CANNON,

M.D.

42. As a proximate cause of the act described above, Plaintiff suffered personal and

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

losses due to fertility efforts, and other real and personal damages.

WHEREFORE, the Plaintiff, ASHLY BARRETT, by and through Plaintiff’s attorneys,

Hurley McKenna & Mertz, prays for damages against defendant VERNON T. CANNON, M.D.

in a sum in excess of $50,000.00, plus the costs of suit, and all other relief permitted by law.

COUNT II – NEGLIGENCE – INSTITUTIONAL NEGLIGENCE –

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

1. Plaintiff ASHLY BARRETT was an adult female and was an obstetrical /

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

2. Plaintiff ASHLY BARRETT is sometimes known (including within her medical

records) as ASHLY VILLANUEVA.

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

obstetrics and gynecology.

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

therefore proper.

5. Co-Defendant DUPAGE MEDICAL GROUP, LTD. is a large medical practice

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

6
 6. Co-Defendants MIDWEST PHYSICIAN ADMINISTRATIVE SERVICES, LLC

and DULY HEALTH AND CARE are the successors in interest – both in assets and liabilities –
FILED DATE: 8/26/2022 4:57 PM 2022L007749

for DUPAGE MEDICAL GROUP, LTD. As such, the entities are hereinafter referred to

collectively as “DUPAGE MEDICAL GROUP, LTD.”

7. At all times relevant to this Complaint, DUPAGE MEDICAL GROUP, LTD.

employed co-Defendant VERNON T. CANNON, M.D.

8. Prior to January 5, 2017, Plaintiff ASHLY BARRETT became pregnant with her

third child.

9. In the weeks and months leading up to her ultimate delivery, Defendant

VERNON T. CANNON, M.D. spoke with ASHLY BARRETT about a tubal ligation procedure

that he felt should be done at the time of her planned caesarian section.

10. In those weeks and months, ASHLY BARRET did not sign a consent form for

any sterilization procedure.

11. The standard of care, along with state and federal regulations, require consent for

all sterilization procedures to occur more than thirty days away from the planned procedure.

12. Instead of obtaining consent in advance, VERNON T. CANNON, M.D.

convinced ASHLY BARRETT to undergo a bilateral tubal ligation on the day of her caesarian

section.

13. ASHLY BARRETT reluctantly signed the consent form in the early morning

hours of January 5, 2017 – the same day as her delivery.

14. Instead of performing the consented to procedure – a tubal ligation – VERNON T.

CANNON, M.D. performed bilateral salpingectomies.

15. There is a medical procedure available to reverse tubal ligations.

7
 16. There are no medical procedures available to reverse bilateral salpingectomies.

17. The tubal ligation reversal procedures are variously reported as being effective
FILED DATE: 8/26/2022 4:57 PM 2022L007749

50% to 80% of the time, depending on the study.

18. At no time did VERNON T. CANNON, M.D. inform ASHLY BARRETT that he

had performed bilateral salpingectomies.

19. At no time did ASHLY BARRETT consent to bilateral salpingectomies.

20. As such, VERNON T. CANNON, M.D. committed a medical battery upon

ASHLY BARRETT on or about January 5, 2017.

21. ASHLY BARRETT subsequently sought to have her tubal ligation – the

procedure she consented to – reversed.

22. Beginning in August of 2020, she sought her medical records from DuPage

Medical Group and Central DuPage Hospital in anticipation of seeing a specialist that could

help.

23. On or about August 28, 2020, her records were printed and subsequently provided

to her.

24. It was only after August 28, 2020, that ASHLY BARRETT discovered that

VERNON T. CANNON, M.D. had performed a procedure that she had not consented to.

25. It was only after August 28, 2020, that ASHLY BARRET learned she had

undergone bilateral salpingectomies.

26. Approximately one week after obtaining her records, and to the best of her

recollection sometime in early September, ASHLY BARRET contacted Defendant VERNON T.

CANNON, M.D. through his staff at co-Defendants DUPAGE MEDICAL GROUP, LTD.,

8
 MIDWEST PHYSICIAN ADMINISTRATIVE SERVICES, LLC and/or DULY HEALTH AND

CARE.
FILED DATE: 8/26/2022 4:57 PM 2022L007749

27. In early September of 2020, ASHLY BARRETT asked defendant, through his

staff, why VERNON T. CANNON, M.D. had performed a procedure she had not consented to

and that was not reversible.

28. At that time, Defendants told ASHLY BARRETT that when she “consented to

one sterilization procedure she consented to them all.”

29. By making the above statement, Defendants misled ASHLY BARRETT into

believing that Defendants had done nothing wrong.

Special Relationship

30. Because patients, including Plaintiff, trust Defendants with their most intimate,

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

one built on trust.

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

under Illinois law.

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

33. As such, Defendants should have disclosed their mistake upon Plaintiff’s inquiry.

Defendants should have disclosed that ASHLY BARRETT did not consent to the procedure and

that they had performed a surgery that ASHLY BARRETT did not consent to.

Fraudulent Concealment

34. Instead, Defendants concealed their error when they suggested to Plaintiff that

consent to one sterilization procedure was essentially a consent to all sterilization procedures.

9
 35. ASHLEY BARRETT therefore was misled into believing she did not have a

claim against Defendants.

FILED DATE: 8/26/2022 4:57 PM 2022L007749

36. The fraudulent misrepresentations of Defendants caused ASHLEY BARRET to

delay filing her claim, as she did not believe she had a claim based upon Defendants’

misrepresentations.

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 within days of

contacting the undersigned counsel.

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

misrepresentations, Plaintiff’s statute of limitations and statute of repose should be tolled.

40. As a practice group, DUPAGE MEDICAL GROUP, LTD. owed a duty to

Plaintiff to run, manage, and maintain its practice group in a reasonably careful manner.

41. DUPAGE MEDICAL GROUP, LTD. failed to do so and committed institutional

negligence when it:

a. Failed to implement procedures to properly obtain written consent for a

sterilization procedure;

b. Failed to implement policies, rules, regulations, or procedures requiring its

physicians to obtain written consent thirty days in advance of the sterilization
procedure;

c. Failed to implement policies, rules, regulations, or procedures to ensure that all

patients were informed about procedures that were irreversible;

d. Failed to ensure that someone within its practice group explained to the Plaintiff
the difference between tubal ligation and the procedure he intended to perform;

10
 e. Failed to require its physicians to follow accepted practices, the standard of care,
federal regulations, and state regulations in obtaining consent for sterilization
procedures.
FILED DATE: 8/26/2022 4:57 PM 2022L007749

42. As a proximate cause of the act described above, Plaintiff suffered personal and

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

losses due to fertility efforts, and other real and personal damages.

WHEREFORE Plaintiff, ASHLY BARRETT, 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/or DULY

HEALTH AND CARE exceeding $50,000.00.

COUNT III – NEGLIGENCE – AGENCY of VERNON T. CANNON, M.D. -- DUPAGE

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

1-38. Plaintiff adopts and incorporates Paragraph 1-38 of Count I of this Complaint as

and for Paragraphs 1-38 of Count III of this Complaint.

39. At all times relevant to this Complaint, VERNON T. CANNON, M.D. was a

physician employed by Defendants DUPAGE MEDICAL GROUP, LTD., MIDWEST

PHYSICIAN ADMINISTRATIVE SERVICES, LLC and/or DULY HEALTH AND CARE.

40. Defendants DUPAGE MEDICAL GROUP, LTD., MIDWEST PHYSICIAN

ADMINISTRATIVE SERVICES, LLC and/or DULY HEALTH AND CARE, through its

employees, agents, and or/apparent agents, including VERNON T. CANNON, M.D. owed

Plaintiff a duty to properly provide the Plaintiff with informed consent.

41. Defendants, through their employee, VERNON T. CANNON, M.D. breached this

duty when it:

a. Failed to properly obtain written consent for a sterilization procedure;

11
 b. Failed to obtain written consent thirty days in advance of the sterilization
procedure;
FILED DATE: 8/26/2022 4:57 PM 2022L007749

c. Failed to explain to Plaintiff that the procedure he planned to perform was

irreversible;

d. Failed to explain to the Plaintiff the difference between tubal ligation and the
procedure he intended to perform;

e. Failed to follow accepted practices, the standard of care, federal regulations, and
state regulations in obtaining consent for sterilization procedures;

f. Performed a procedure that Plaintiff did not consent to.

g. Performed a procedure that, had Plaintiff known was irreversible, Plaintiff would
not have consented to.

43. As a proximate cause of the act described above, Plaintiff suffered personal and

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

losses due to fertility efforts, and other real and personal damages.

WHEREFORE Plaintiff, ASHLY BARRETT, 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/or DULY

HEALTH AND CARE exceeding $50,000.00.

HURLEY MCKENNA & MERTZ

By: /s/Evan M. Smola

Evan M. Smola
Attorney for Plaintiff
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
[email protected]

12
 COUNTY OF COOK COUNTY )
) SS
STATE OF ILLINOIS )
FILED DATE: 8/26/2022 4:57 PM 2022L007749

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, LAW DIVISION

)
ASHLY BARRETT, )
)
Plaintiff, )
)
v. )
)
VERNON T. CANNON, M.D., )
DUPAGE MEDICAL GROUP LTD, )
MIDWEST PHYSICIAN ADMINISTRATIVE )
SERVICES, LLC, DULY HEALTH AND )
CARE, )
)
Defendants.

AFFIDAVIT PURSUANT TO 735 ILCS 5/2-622

I, Evan M. Smola, being duly swear and under oath, states as follows:

1. The statute of limitations against the named defendants may be set to expire on August
28, 2022.

2. The consultation required by the Illinois Code of Civil Procedure, Section 2-622, could
not be obtained prior to the expiration of the statute of limitations and the failure to file
this action prior to the expiration of the statute of limitations would permanently impair
the ability of the Plaintiff to pursue this action against the defendants.

3. This case has not previously been voluntarily dismissed.

4. I am capable and prepared to testify as to all matters contained within this affidavit.

5. 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, 696 (2d Dist.
1998); Owens v. manor Health Care Corp., 159 Ill. App.3d 684 (4th Dist. 1987).

/s/ Evan M. Smola

Evan M. Smola
One of the attorneys for the Plaintiff

13
 HURLEY McKENNA & MERTZ, P.C.
Attorneys for Plaintiff
20 S. Clark Street, Suite 2250
FILED DATE: 8/26/2022 4:57 PM 2022L007749

Chicago, Illinois 60603

(312) 553-4900
Atty. No. 41267

14
 COUNTY OF COOK COUNTY )
) SS
STATE OF ILLINOIS )
FILED DATE: 8/26/2022 4:57 PM 2022L007749

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, LAW DIVISION

)
ASHLY BARRETT, )
)
Plaintiff, )
)
v. )
)
VERNON T. CANNON, M.D., )
DUPAGE MEDICAL GROUP LTD, )
MIDWEST PHYSICIAN ADMINISTRATIVE )
SERVICES, LLC, DULY HEALTH AND )
CARE, )
)
Defendants.

CERTIFICATION PURSUANT TO SUPREME COURT RULE 222 (b)

Pursuant to Supreme Court Rule 222 (b), counsel for the above-named plaintiff certify

that plaintiff seeks money damages in excess of Fifty Thousand and 00/100ths Dollars

($50,000.00).

/s/Evan M. Smola___
Evan M. Smola
Attorney for Plaintiff

HURLEY McKENNA & MERTZ, P.C.

Attorneys for Plaintiff
20 S. Clark St, Suite 2250
Chicago, Illinois 60603
(312) 553-4900
Atty. No. 41267

15
 COUNTY OF COOK COUNTY )
) SS
STATE OF ILLINOIS )
FILED DATE: 8/26/2022 4:57 PM 2022L007749

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, LAW DIVISION

)
ASHLY BARRETT, )
)
Plaintiff, )
)
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, ASHLY BARRETT, by and through her attorney 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

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
[email protected]

16