Bradley M. Cosgrove, partner at Clifford Law Offices in Chicago, this afternoon (Nov. 4, 2015) obtained an $8.25 million verdict against a Chicago hospital on behalf of a family who lost their father and husband due to negligence following a total knee replacement surgery. Adam Szwarek, Sr., was a patient at Presence Saint Joseph Hospital in the Lakeview neighborhood of Chicago from December 8 – 10 of 2009.
Following the surgery, he suffered a heart attack that caused hypoxia, anemia, confusion and disorientation, which was alleged to have gone untreated by medical personnel including the hospital residents. It led to shock and an inadequate blood flow to his vital organs, including his heart. Szwarek, 68, died two days later at the hospital from a massive myocardial infarction.
“The death of Mr. Szwarek was avoidable had medical personnel ordered simple, cheap, available and non-invasive tests in response to his signs of heart attack,” Cosgrove said following the verdict. “If the medical personnel had simply acted reasonably, Mr. Szwarek would be alive today for his wife and his son. This never should have happened to this wonderful family.”
The five-man-seven-woman jury came back in two hours and 20 minutes following a 10-day trial before Cook County Circuit Court Judge Donald J. Suriano at the Daley Center. The case was brought by Szwarek’s estate. The jury awarded $3.25 million for grief and sorrow, and $5 million for loss of society to the widow and his adult son.
Marta M. Kowalczyk, associate at the firm, assisted at trial. Kowalczyk has now assisted in verdicts totaling more than $15 million. Cosgrove has had a string of successful verdicts and settlements since joining Clifford Law Offices two years ago totaling more than $70 million. Last year he was listed as one of the Top 40 Attorneys Under 40 years of age by the Law Bulletin Publishing Company.
For further information, please contact Clifford Law Offices’ Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell).
Case No.: 11 L 13030
Attorneys for defendant Presence Saint Joseph Hospital:
John N. Seibel and Myriah Conaughty
Cassiday Schade LLP
20 N. Wacker Dr., Suite 1000
Chicago, IL 60606