J. Matthew Thompson (Partner)
Matt concentrates his practice in the defense of medical malpractice and healthcare litigation. He regularly defends physicians, advanced practice nurses, nurses, hospitals and clinics in professional liability and institutional negligence claims involving significant injury or death.
Matt has experience handling all aspects of medical malpractice litigation, from inception of a plaintiff’s claim through trial and appeal. He has successfully defended multiple medical malpractice actions through jury trial, resulting in verdicts in favor of the firm’s clients.
Matt has spent his entire career with Heyl Royster following graduation from law school in 2008. Following his first year of law school, he served as a judicial clerk to the Honorable Scott Drazewski, Circuit Judge for the Eleventh Judicial Circuit, McLean County. He was also a member and articles editor for the Southern Illinois Law Journal. In 2015, Matt completed the International Association of Defense Trial Counsel (IADC) Trial Academy, held at Stanford University in Palo Alto, California.
- Flynn v. L.M., M.D. Defense verdict in favor of OB/GYN, where plaintiff alleged ureter injury during laparoscopic assisted vaginal hysterectomy resulted in stenting, ureterectomy and reimplantation, and eventual nephrectomy in 33 year old patient. The plaintiff also claimed PTSD and other psychological injuries as a result of the surgical complication.
- Barry v. J.V., M.D. Defense verdict in favor of cardiovascular and thoracic surgeon, where plaintiff alleged wrongful death of 55 year old male resulting from a failure to timely diagnose acute mesenteric ischemia and obtain surgical consult on a patient admitted to the hospital for unrelated peripheral artery angiography.
- Bishop v. P.R., M.D. Defense verdict in favor of family physician, where plaintiff alleged wrongful death of 56 year old female resulting from a failure to order an inpatient cardiology consult and/or exercise stress test for a patient who reported to the emergency department and was subsequently admitted for complaints of chest pain at rest that radiated to the neck and jaw and left arm numbness. The patient died one day after discharge and two days before a scheduled outpatient exercise stress test.
- Mondragon v. K.A., M.D. Defense verdict in favor of colorectal surgeon, where plaintiff developed severe incontinence following hemorrhoidectomy and sphincterotomy. Plaintiff alleged that incontinence was caused by an unnecessary sphincterotomy, and that informed consent was not provided for the sphincterotomy because it was not contained within the consent to treatment.
- Arvanitis v. R.M., M.D. Defense verdict in favor of gastroenterologist, where plaintiff’s sigmoid colon was perforated during diagnostic colonoscopy, resulting in emergent laparotomy and sigmoid colon resection and subsequent incisional hernia repair.
- Faso v. S.G., M.D. Defense verdict in favor of surgeon/intensivist, where plaintiff alleged failure to timely diagnose a post operative bleed and timely return to surgery following roux-en-y gastric bypass, resulting in code blue and hypoxic ischemic encephalopathy with permanent neurological deficit in 50 year old male.
- Sayles v. K.K., M.D. Defense verdict in favor of pathologist, where plaintiff alleged failure to diagnose and failure to warn surgeon of peri-rectal neuroendocrine tumor in 42 yr. old female resulting in metastatic disease and death.
- Nichols v. Hospital Medical malpractice action which arose from complications following surgical repair of a giant hernia. Plaintiff sustained catastrophic injuries, including blindness, removal of a hip due to persistent infection, and an ileostomy. During the course of the litigation, the parties disclosed a total of 24 expert witnesses across multiple disciplines. The case was settled favorably following a second mediation.
- Mwesigwa v. DAP, Inc. Assisted in obtaining summary judgment in U.S. District Court for the Eastern District of Missouri, which found that the Federal Hazardous Substances Act preempts any state law cause of action based upon a theory that a product's label should have included warnings not required by the FHSA. District Court's grant of summary judgment was subsequently affirmed by U.S. Court of Appeals for the Eighth Circuit.
- “Hospitals Beware: Apparent Agency Claims May Arise From Treatment Rendered at Offsite, Independent Clinics,” Illinois Defense Counsel Quarterly (2017) - Download Article
- "Appellate Court Addresses Issue of First Impression Concerning Apparent Agency, Consent Forms and a Non-English Speaking Patient," Illinois Defense Counsel Quarterly (2016) - Download Article
- "Illinois Supreme Court Addresses Various Privilege Claims in the Case of a Negligent Credentialing Claim in Klaine v. Southern Illinois Hospital Services," Illinois Defense Counsel Quarterly (2016) - Download Article
- "Illinois Supreme Court: Attorney Fees and Costs Should Not Be Deducted Before Calculating Amounts Recoverable Under the Health Care Services Lien Act," Illinois Defense Counsel Quarterly (2015) - Download Article
- "Affidavit and Health-Professional's Report Requirements Extended to Medical Battery Claims," Illinois Defense Counsel Quarterly (2015) - Download Article
- "Health Law Update: The Fifth District Provides Guidance on Claims of Privilege," Illinois Defense Counsel Quarterly (2014) – Download Article
- "Attorney Liability to Non-Clients" chapter in Attorneys' Legal Liability, Illinois Institute for Continuing Legal Education (2014) - Download Article
- "Illinois Supreme Court Rules Against Emergency Room Physicians in Resolving Split Among Appellate Districts Regarding Interpretation of Good Samaritan Act," Illinois Defense Counsel Quarterly (2014) - Download Article
- "HHS, OIG, and CMS Issue Final Rule Revising the Stark Law and Anti-Kickback Act EHR Safe Harbor," Illinois Defense Counsel Quarterly (2014) - Download Article
- "Drafting a Consent to Treatment Form? Defending an Apparent Agency Claims? Consider the Appellate Court Third District's Decision in Steele v. Provena Hospitals," Illinois Defense Counsel Quarterly (2014) – Download Article
- "First District Appellate Court Addresses Proximate Cause Defense in Case of Third-Party Intervening Physician in Buck v. Charletta," Illinois Defense Counsel Quarterly (2013) - Download Article
- "HHS Releases HIPAA Final Rule to Implement Statutory Amendments under HITECH Act and GINA," Illinois Defense Counsel Quarterly (2013) - Download Article
- "Appellate Court Clarifies Jury Trial Requirement in Involuntary Commitment Cases," Illinois Defense Counsel Quarterly (2013) - Download Article
- "Illinois Court Narrows Application of Good Samaritan Act Immunity for Physicians," International Association of Defense Counsel Medical Defense and Health Law Committee Newsletter (2013)
- "The Law of Telemedicine Responding to Real World Practice," Illinois Defense Counsel Quarterly (2012) - Download Article
- "Attorney Liability to Non-Clients" chapter in Attorney's Legal Liability, Illinois Institute for Continuing Legal Education (2012) - Download Article
- "Appellate Courts Recognize Standard for Obtaining Relief Under Supreme Court Rule 224," Illinois Defense Counsel Quarterly (2012) - Download Article
- "Supreme Court Issues Decision Regarding Recoverable Damages for Wrongful-Birth in Clark v. Children's Memorial Hospital," Illinois Defense Counsel Quarterly (2011) - Download Article
- "Survey of Illinois Law: Employment Law," Southern Illinois University Law Journal (2010) - Download Article
Named to Law Bulletin Publishing Company's 2015 and 2016 list of Illinois Emerging Lawyers. Only two percent of Illinois lawyers under the age of 40 or who have been licensed to practice for 10 years or less earn this distinction.
Named to the Illinois Super Lawyers Rising Stars list (2012-2017). The Super Lawyers Rising Stars selection process is based on peer recognition and professional achievement. Only 2.5 percent of Illinois lawyers under the age of 40 or who have been practicing 10 years or less earn this designation.
Illinois Association of Defense Trial Counsel (IDC Quarterly regular columnist)
Defense Research Institute
Abraham Lincoln Court
American Bar Association
Illinois State Bar Association
Peoria County Bar Association
State Courts of Illinois
United States District Court, Central District of Illinois