OB-GYN paid patient after sex in hotel room, examined others while drunk, lawsuits say

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Five women who are separately suing their former OB-GYN have accused the Illinois doctor of examining patients while drunk, paying one of them after having sex in a hotel room and acting strange after a stillbirth delivery.

The five lawsuits, all filed Jan. 10 by Hurley McKenna & Mertz, P.C. in the Cook County Circuit Court, add to two other lawsuits accusing Dr. Vernon Cannon of sexual assault and medical battery, according to a news release from the legal group.

“There are now seven lawsuits pending against Cannon, filed by seven separate women who suffered damage at the hands of a DuPage Medical Group physician,” partner Evan Smola said in the release. “An obstetrician-gynecologist should be a medical professional above reproach, one with whom you must trust your most intimate information, not to mention your life and health. We believe the evidence will show that Cannon betrayed that trust, violating the sanctity of the doctor-patient relationship.”

The five misconduct lawsuits also name his employer — DuPage Medical Group, which now operates as Duly Health and Care — as a defendant.

Duly Health and Care did not immediately respond to a request for comment from McClatchy News on Jan. 12 but provided the following statement to WBBM:

“We are aware of new cases alleging misconduct by Dr. Vernon Cannon, a former DMG physician who has not been with the medical group since 2020. Patient care and safety are our top priorities. We take any and all allegations of misconduct seriously. Due to the nature of these matters and out of respect for the parties involved, we will not comment further on these legal proceedings.”

Examining patients while drunk

Three of the five new lawsuits say Cannon completed patient examinations while drunk.

One of the women noticed he smelled like alcohol and had dilated pupils during her routine March 2019 prenatal appointment, according to one of the complaints. She expressed concerns to her primary OB-GYN, and he said he “was likely just tired from a night shift at the hospital.”

Another also said she could smell alcohol coming from Cannon, and he “appeared intoxicated and under the influence of alcohol” while he performed her prenatal checkup in August 2019.

The third female patient said she saw Cannon from 2012 to 2017. During a 2017 visit, “she noticed Dr. Cannon was slurring his speech, speaking with altered, halting speech, and appeared overly (friendly) throughout the visit,” according to her attorneys. She stopped seeing him after that appointment.

A Hurley McKenna & Mertz investigation found that Cannon was previously arrested in 2016 on a charge of domestic battery involving alcohol, according to the news release.

“Cannon has also been the subject of multiple reports by patients to DuPage Medical Group alleging that Cannon practiced while intoxicated,” the attorneys said. “Despite these reports, the suits all allege that DuPage Medical Group did nothing over a prolonged period to investigate the misconduct reports or discipline Dr. Cannon.”

One of those patient survey complaints from 2018 said Cannon “was under the influence of alcohol. He was slurring his words and had a strong odor of an alcoholic beverage coming from his breath.”

In January 2019, a patient wrote, “He was difficult to understand ... and seemed to be slurring when talking to me. He was nice but did not instill me with confidence of being a reliable doctor. I hope he is not on call when I have my baby. I would not feel good about it at all.”

“We believe the evidence shows that DuPage Medical Group did nothing – and allowed Cannon to continue to practice medicine at their facilities,” Smola said in a statement.

A disciplinary report obtained by Hurley McKenna & Mertz shows Cannon was put on a “90 Day Improvement Plan” in April 2019 “due to your performance falling below the minimum performance standards for production and/or patient engagement scores for three consecutive months.”

Paying a patient after sex

One of Cannon’s patients who filed a lawsuit began seeing him for care in 2011 and continued through 2016. She was a single mom.

During a 2016 appointment, Cannon asked her about her dating or sex life, according to the lawsuit. She said she was focusing on being a mother.

Cannon then began texting the woman seeking sex, the attorneys said, and she eventually agreed to meet him at a hotel.

The doctor had sex with his patient and left her between $250 to $500 in cash, according to the complaint.

‘Bizarre behavior after a stillbirth’

In July 2016, a patient of DuPage Medical Group went into labor, and Cannon delivered her baby, according to the lawsuit.

“That delivery resulted in a stillbirth,” her attorneys said. Cannon didn’t say anything to his patient or make eye contact with the woman or her husband, according to the lawsuit.

“After the stillbirth, (he) did (not) make any effort to discuss the stillbirth, its cause, or potential future complications with either Plaintiff or her husband,” the attorneys said. Rather, he gave the baby to a nurse and left the room.

The woman’s legal team described his actions as “bizarre behavior after a stillbirth,” adding that he should have provided emotional support and good communication.

‘Positive change’

Duly Health and Care has more than 1,000 medical providers and operates more than 150 sites in the Chicago area, according to the news release.

“We hope that these Complaints will lead to real change in the manner in which DuPage Medical Group and Duly Health and Care supervises its physicians,” Smola said. “Each of these women hopes to make positive change.”

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