Krueger v. Petrak Update: Family Asks Judge to Fast-Track Case as Patti Krueger Fights Stage IV Cancer

Attorneys for Patricia “Patti” Krueger and her husband, Jacob Krueger, have moved to expedite trial in Krueger v. Petrak after Patti was diagnosed with Stage IV osteosarcoma that has metastasized to her lungs. The February 17 filing in the U.S. District Court for the Central District of Illinois asks the judge to advance the January 4, 2027 trial date and convene a special pretrial conference.

The motion states that Patti recently underwent lung surgery and has begun intensive chemotherapy five days a week. In a letter attached to the filing, her treating oncologist writes that it is “medically reasonable to anticipate” she may be unable to attend her scheduled court date. The motion asks that the case reach final judgment “during Patti’s lifetime.”

Source: Facebook

A Federal Lawsuit That Has Made Headlines

Krueger v. Petrak is a federal lawsuit over how a 2019 child-abuse investigation unfolded after the Kruegers’ middle son—who has Xia-Gibbs Syndrome, a rare genetic disorder associated with developmental issues and breathing problems—was hospitalized at OSF St. Francis Medical Center in Peoria. Defendants include OSF, Dr. Channing Petrak and ten DCFS officials in their individual capacities: Jennifer Inness, Alisa Collins, Kimberly Taylor, Leandra Tate, Raelyn Galassi, Austin Haddock, Anita Parker, Angelique Maxwell, Lindsay Horcharik, and Kimberly Wilson.

During the hospitalization, the complaint states that Petrak—a child abuse pediatrician practicing within OSF but operating under contract with the Illinois Department of Children and Family Services (DCFS)—dismissed the child’s genetic disorder and accused the parents of fabricating or inducing his condition. As a result, DCFS took protective custody, initiating court proceedings that removed the Kruegers’ children from their home for more than a year, including the seizure of their newborn shortly after birth.

The lawsuit made headlines when a court filing raised questions about whether the full medical picture was available when the state moved to take the Kruegers’ children. In a motion for sanctions, the plaintiffs allege OSF could not produce a complete audit trail showing how the electronic chart changed over time—leaving unresolved which version of the record clinicians and DCFS relied on when decisions were made. The motion also alleges that 18 of 19 internal Epic “sticky notes,” treatment-related staff communications, were deleted. It points to a key piece of medical evidence: an overnight pulse oximetry test from Feb. 22–23, 2019 showing prolonged drops in the child’s oxygen levels. According to the filing, that test appears with incorrect dates in some versions of the chart and is missing entirely from others. The motion argues those gaps matter because they go to a basic question in the case: whether custody was sought based on a complete, stable medical record—or one missing critical health information at the moment it mattered most. With Patti now undergoing aggressive treatment for advanced cancer, the family’s request adds urgency to a case that has already drawn significant public scrutiny. Despite her uncertain prognosis, the motion reports that defendants oppose moving the trial forward, placing the court in the position of deciding whether to adhere to the current schedule or expedite the case while Patti is still able to participate.