Kiley Law Group, LLC Obtains $3.85 Million Settlement for Medical Malpractice/Wrongful Death Claim

Recovery was sought for the tragic and preventable death of the decedent, a 34 year old civil engineer, on behalf of his widow and two young children.
By: Kiley Law Group, LLC
BOSTON - Dec. 11, 2013 - PRLog -- The decedent was diagnosed with Bicuspid Aortic Valve Disease (BAVD), a congenital heart condition which results in narrowing of the aortic valve, during the course of a routine physical exam.  The decedent sought the care of a cardiologist for this condition, who appropriately monitored the progression of the constriction through echocardiogram and exercise tolerance testing, and who repeatedly noted the necessity for future aortic valve replacement surgery in his records.

The Plaintiff alleged the cardiologist failed to appreciate, over the course of 5 years of treatment, the severity of diagnostic indicators of a rapidly narrowing valve, as well as the decedent’s increased risk of impending death in the absence of typical cardiac index symptoms of chest pain, shortness of breath or syncope, as a result of his participation in a vigorous exercise regime.  The Plaintiff alleged it was a deviation from the standard of care for the cardiologist to rely on the absence of cardiac warning symptoms as a basis for delaying life-saving surgery, in light of clear, clinically correlated evidence of the accelerating rate by which the aortic valve was closing.

The Plaintiff was prepared to present expert testimony that the life-saving surgery should have been performed as early as 1 ½ years prior to the decedent’s death and that the cardiologist’s
“wait and see” approach was grossly negligent, placing the decedent at appreciable risk for impending sudden death.

Evidence that the decedent failed to follow through with an echocardiogram one month prior to his death was presented in defense of the cardiologist.  The Plaintiff countered this defense with evidence the cardiologist’s failure to show up for the appointment was the reason the test was not performed; the fact that the cardiologist did not reschedule the test; the fact that there was no evidence of any urgency by which the test should be performed as the decedent was not scheduled for follow up for some 3 months later; and the fact that the cardiologist’s records bore no further evidence that had the test shown a continued progression of constriction, aortic valve replacement surgery would have been recommended.

Kiley Law Group, LLC obtained a $3,850,000.00 settlement on behalf of the decedent’s widow and his two young children.

The settlement award represents a sum to compensate the family for their husband and father’s financial support over his lifetime and to compensate his wife and children for the loss of companionship, society and guidance.

Mary Richardson
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Tags:Kiley Law Group, Medical Malpractice, Wrongul Death
Location:Boston - Massachusetts - United States
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