Somerset man alleges untimely access to medication caused strokes

By Kasey Schefflin-Emrich | Aug 19, 2015

A Somerset resident claims the Veterans Affair's network of medical facilities caused him to suffer severe injuries by not providing him with medication in a timely manner.

Thomas Kielbasinski Sr. filed a lawsuit July 24 in the U.S. District Court for the Western District of Pennsylvania against Veterans Affairs, alleging negligence, breach of contract and medical malpractice.

According to the complaint, Kielbasinski is a veteran. While a doctor of the defendant had prescribed him Plavix, which helps prevent strokes, Kielbasinski didn't receive the medication until five weeks later and not until after he suffered two debilitating strokes on Nov. 12, 2012, and Dec. 12, 2012.

The defendant is faulted with breaching its duty of care by not timely supplying the medications. The suit states that Kielbasinski heavily relied upon health care provided by the defendant and had no other means to obtain Plavix during the five-week period. As a result of suffering from the two strokes, Kielbasinski has experienced permanent brain damage, loss of cognitive functions, issues with performing daily life functions, and the need for daily care.

Kielbasinski seeks compensatory damages, punitive damages, compensation for future medical expenses and other relief deemed appropriate by the court. He is represented by attorney Marc T. Valentine of Somerset.

U.S. District Court for the Western District of Pennsylvania case number: 3:15-cv-00195-KRG.

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