Widow Awarded $3 Million in Wrongful Death Lawsuit

In a recent wrongful death lawsuit, a jury awarded a grieving widow $3 million after finding a cardiologist responsible for her husband’s death. The jury stated that if the medical practitioner had paid closer attention to the man’s test results, then his death most likely would have been avoided.

This wrongful death lawsuit is centered around defendant Dr. Dariush Owlia and plaintiff Cynthia O., who sued Dr. Owlia for the death of her husband, Andrew O. The jury only needed five hours of deliberation after reviewing six days of testimony at the Superior Court in Hartford.

The lawsuit also named Andrew’s general practitioner, Dr. Stephen Bryant, but he may have settled out of court before the trial. While Dr. Bryant was no longer a defendant involved in the lawsuit, the jury still determined that he was liable for 60 percent of the $3 million, while Dr. Owlia was liable for 40 percent, or $1.2 million.

Overview of Wrongful Death Allegations

According to the lawsuit, the decedent had been suffering from a progressive heart disease called aortic stenosis, which causes the opening of the aortic valve to narrow. On Jan. 24, 2008, Dr. Bryant ordered an echocardiogram for Andrew, in which the medical examiner who analyzed the results noted the severity of his condition based on the ultrasound images rather than the measurements. Dr Bryant then referred Andrew to Dr. Owlia, who ordered that the plaintiff undergo a stress test. The results of that showed a reduction in cardiac functioning, but no actual defects.

According to the wrongful death lawsuit, Dr. Owlia not only failed to analyze the echocardiogram, but he also failed to order a new echocardiogram. Dr. Owlia sent the decedent back to Dr. Bryant without any recommended treatment for aortic stenosis; he recommended that the plaintiff take medication.

Andrew’s condition was stable for the remainder of 2008, but at the beginning in 2009 he started experiencing breathing problems, leg edema, and other complications. In April 2009, Dr. Bryant ordered another echocardiogram for Andrew, showing that his aortic stenosis had worsened. After seeing the state of his health, Andrew was admitted to Charlotte Hungerford Hospital in Torrington and was later transferred to Hartford Hospital. During his hospitalization, the doctors inserted a balloon into the valve to widen it; despite the valve being dangerously narrow, a valve replacement surgery was deemed too risky for the decedent. This ultimately led to his death, and his wife filing a wrongful death suit against his doctors.

Andrew’s wife claims that the doctors should have looked at the echocardiogram images more carefully, which would have allowed earlier hospital intervention for her husband. Ultimately, the widow argues that her husband would be alive if not for these acts of negligence. The jury agreed with her, and ordered both physicians to pay her a total of $3 million in damages.

Across the country, legal experts are encouraging other families to file legal action against hospitals, doctors, and any other medical examiners that may have contributed to their loved one’s death. It is important to seek legal counsel as soon as possible, as the statute of limitations is different between states, though typically it ranges between two to three years.

Obtain a Free Wrongful Death Case Evaluation

If your loved one died from a personal injury caused by the negligence or intentional misconduct of another party, you may be able to pursue compensation for your loss, including but not limited to: medical or funeral expenses, loss of financial support, pain and suffering, loss of consortium, and punitive damages.

The following types of wrongful death cases are common examples of what a family member can sue for:

• Car Accidents
• Bicycle or Pedestrian Accidents
• Motorcycle Accidents
• Boating Accidents
• Medical Malpractice
• Medication Errors
• Workplace Accidents
• Drowning Accidents
• Nursing Home Neglect/Abuse
• Slip and Fall Accidents
• Defective Products
• Other Personal Injury Claims that Caused the Death

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