Misdiagnosis of Heart Condition Yields $3 Million to Decedent's Family

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In the case of Olsens v. Owlia, the estate of a man who died after his heart condition had been misdiagnosed filed medical malpractice lawsuits against two doctors, although only one of the doctors went to trial.

Andrew “Joe” Olsen suffered from aortic stenosis, a narrowing of the valve leading to the left ventricle of the heart. Olsen’s primary doctor, Stephen Bryant, of Litchfield Internal Medicine, was aware that Olsen had aortic stenosis but reportedly believed it was not worsening. Olsen was often sent for periodic echocardiograms to monitor his heart. At one point, Olsen was sent to a cardiologist, Dr. Dariush Owlia of Hartford. The patient's estate claim that Owlia never reviewed the results of the echocardiogram. Bryant, in turn, continued to provide Olsen with the same treatment. Had the results been reviewed, the estate’s attorneys allege, the doctors would have discovered that the narrowing had progressively worsened. Olsen’s condition deteriorated over the next year and a half and in 2009 he died of heart failure at 67. The estate sued both doctors for wrongful death. At the trial, the estate showed a large photo of a normal echocardiogram and right next to it was a photo of Olsen’s in order to demonstrate to the jury just how compromised Olsen’s heart valve was. The estate said the echocardiogram that was never read by Owlia showed an opening of only 7 millimeters. A follow-up echocardiogram not too long before Olsen’s death showed that opening had shrunk to 6 millimeters.

The decedent's estate said Owlia should have reviewed the echocardiogram and taken the appropriate steps to determine just how severe the aortic stenosis was. They said further testing would have shown that Olsen required an aortic valve replacement surgery. Though the estate’s lawyers said they could not discuss why Bryant was not part of the trial, it was apparent that a settlement had been reached before trial. The doctor argued that it was not up to Owlia to review the echocardiogram results. The doctor presented Bryant as a witness during trial. Bryant admitted on the stand that he had deviated from the appropriate standard of care in his treatment of Olsen.

The jury decided that Bryant was 60 percent at fault and Owlia 40 percent at fault. The jurors awarded $2 million in damages to Olsen’s estate and $1 million to his wife Cynthia for loss of consortium. Because the jury found the doctor who was not a party at the trial to be 60 percent at fault, the decedent's estate will recover $1.2 million.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained. 

Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Jeff Forte, Top Connecticut Verdicts & Settlements of 2015, CONN. LAW TRBN. at 8 (June 2016) discussing Cynthia Olsen, Executrix of the Estate of Andrew J. Olsen, Deceased, and Cynthia Olsen, Individually v. Dariush Owlia, et al.