Chicago, IL (Law Firm Newswire) August 6, 2015 – An Illinois woman who filed a wrongful death lawsuit over the death of her husband has been awarded $2.6 million.
Jacqueline Kotlarz filed the lawsuit after her husband died, claiming that he was not given an automatic implantable cardioverter defibrillator (AICD) in time to save his life.
“When negligence by medical professionals results in a tragic death like this one, a wrongful death lawsuit can provide compensation for the family,” said Robert Briskman, a wrongful death attorney with Briskman Briskman & Greenberg, who is not involved in the case. “Money cannot bring back a loved one, but it can provide the family with needed support.”
According to the lawsuit, in January 2007 doctors determined that Russell Kotlarz needed an AICD implanted, which could detect the occurrence of a malignant arrhythmia and shock him back into a normal rhythm, possibly saving his life. However, the insertion of the device was not scheduled until Nov. 7, 2007, according to the lawsuit. Kotlarz died on Nov. 2, 2007, when he suffered a sudden heart attack while driving. He was survived by his wife Jacqueline, a 16-month-old daughter and a son who was born after his death.
The jury verdict brought an end to legal proceedings that lasted six years. Expert testimony was introduced that supported the claim that Kotlarz would have lived if surgery to insert the AICD device had been performed sooner. The physicians involved claimed that Kotlarz himself rejected the idea of inserting the device sooner, but Jacqueline Kotlarz said she was present at the consultation and her husband wanted the surgery.
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