Simcakoski family attorney says wrongful death lawsuit necessary - WKOW 27: Madison, WI Breaking News, Weather and Sports

Simcakoski family attorney says wrongful death lawsuit necessary


The attorney for a Stevens Point veteran who died of a drug overdose at the Tomah Veterans Administration Medical Center says his widow filed a wrongful death lawsuit because an earlier claim for damages was ignored.

Jason Simcakoski's family filed the lawsuit Monday in federal court in Madison, naming the United States of America as the defendant.

It alleges his death was caused by negligence of VA medical staff.

Attorney Terrence Polich said the family filed a claim with the VA about a year ago but the government made no meaningful response. Simacakoski died Aug. 30, 2014.

"The family had certainly hoped to avoid filing suit,” Polich said Tuesday. “I think it's unfortunate that the government has not matched its words with deeds and stepped up to the plate and gotten this case settled."

Polich says he thinks the case is a strong one.

He declined to say how much money the family is seeking in damages or how much the first claim sought.

A spokesman at the Tomah VA sent the following statement: "While we cannot discuss pending litigation, we take very seriously the safety and well-being of every single Veteran patient."

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