Coroner
calls firefighter's death accidental
Magdziarz family will sue inadvertent drug's manufacturer
and hospital.
(As
reported in the The Times, Friday, February
1, 2002)
BY BILL DOLAN
Times Staff Writer
CROWN
POINT -- Lake County Coroner David Pastrick announced Thursday
a preliminary investigation indicates the death of veteran
Hammond firefighter Michael Magdziarz last month was an
accident.
The
finding appears to eliminate the possibility of criminal
charges being filed against the unidentified intensive care
unit nurse who allegedly administered the wrong medication
to the 51-year-old Schererville man Jan. 7 following open
heart surgery at St. Margaret Mercy Healthcare Centers in
Hammond.
The
Lake County prosecutor's office said Thursday it's not planning
to look into the matter any further.
Donna
Magdziarz, the wife of the man who will posthumously receive
Hammond's Firefighter of the Year award Saturday, said she
agrees his death was not a crime.
"A
nurse made a horrendous mistake. I don't believe she intentionally
did it."
Attorneys
for Magdziarz family announced Thursday they will file a
wrongful death suit against all responsible for his death,
including the manufacturer of the wrong drug and the hospital
for lack of safeguards to ensure the drug's proper administration.
A
representative for the hospital couldn't be reached Thursday
for comment. The hospital issued a statement the day after
the firefighter's death, admitting its role in Michael Magdziarz's
death and blaming the attending nurse.
Michael
Magdziarz underwent successful bypass heart surgery at the
hospital the morning of Jan. 7, and according to reports,
was recovering until the nurse gave him medication meant
for a patient with head injuries. He was briefly put on
life support. The family reportedly agreed to remove him
from life support after being assured there was no hope
of recovery.
Neither
the coroner, hospital nor the Magdziarz family have released
the name of the inadvertently administered drug. Donna Magdziarz
said, "The purpose of the drug is to paralyze somebody
who is in distress so they don't pull their tubing out."
An
initial report released by a coroner's spokesman Thursday
stated they have found evidence of thromboemboli or capillary
destruction in both of the victim's lungs, caused by blood
clots. The coroner's office is still conducting tissue examinations
to determine if there was brain damage as well.
The
coroner will not issue a finding on what caused the fatal
damage before a final autopsy report and coroner's verdict
is finished, probably before the end of this month. Pastrick
was unavailable for comment Thursday.
Chicago
attorneys Kurt D. Lloyd and Timothy J. Cavanagh, who represent
the Magdziarz family, issued a statement Thursday: "This
lawsuit will discover the reasons this unfortunate occurrence
took place and compensate the Magdziarz family for the most
significant loss.
"This
was an absolutely preventable occurrence. Had the medication
been properly labeled by the manufacturer, and the hospital
instituted appropriate procedures, this wonderful family
would have their husband, father and friend with them today."