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COOK COUNTY RECORD

Tuesday, March 19, 2024

Family of man who died after knee surgery awarded $8.25 million in hospital death suit

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The family of a man who died after undergoing knee replacement surgery at Presence Saint Joseph Hospital in Chicago has been awarded $8.25 million dollars.

Adam Szwarek, Sr., 68, had a heart attack after his surgery that caused hypoxia, anemia, confusion and disorientation, according to the law firm that represented his family. Medical professionals at the hospital did not treat the resulting issues, the law firm said in a press release, and it resulted in reduced blood flow. Szwarek died from a 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," said attorney Brian M. Cosgrove, partner at Clifford Law Offices in Chicago, in a press release 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.”

Szwarek passed away in December 2009.

On Nov. 4, 2015, following a 10-day trial, the jury came back after two hours and 20 minutes, according to attorneys for the Szwarek family.

An attorney for the defendants said they have not yet decided how they will respond to the verdict.

“Although the hospital disagrees with the verdict reached by the jury, our system requires us to respect that,” said attorney John Seibel, of Cassiday Schade in Chicago, who represented the hospital. “We are evaluating our options with respect to an appeal.”

The jury awarded Mr. Szwarek’s wife and son $3.25 million for grief and sorrow and $5 million for loss of society, according to Clifford Law Offices.

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