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Sawka v. U.S.

Issues Exist if Medical Care Departures Proximately Caused Death by Heart Attack in 2012

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION   On September 18, 2019, Plaintiffs commenced this action against Defendant United States of America alleging negligence, wrongful death, and medical malpractice under the Federal Tort Claims Act (“FTCA”). See Dkt. No. 1. Plaintiffs are the widow and daughter of decedent Jan Sawka, both named Hanna Sawka. Plaintiffs allege that Dr. Marek Balutowski’s negligent treatment of the decedent led to a fatal heart attack on August 9, 2012. See id. at 26. On January 14, 2022, Plaintiffs filed a motion for partial summary judgment as to liability for the medical malpractice claim. See Dkt. No. 43. For the following reasons, Plaintiffs’ motion is denied. II. BACKGROUND On August 9, 2012, Jan Sawka died of a myocardial infarction at sixty-five years old. Dkt. No. 44-1 at

1, 52. Two years prior to his death, on May 5, 2010, the decedent was prescribed twenty milligrams of Simvastatin, a statin medication that helps prevent myocardial infarctions by lowering low-density lipoprotein (“LDL”) cholesterol and stabilizing plaque in the vessels, by Dr. Zubair Ahmed Syed. Id. at

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