Formerly an epileptic, Mark Zajac took his life on Dec. 1, 2019, in the Bronx after being hospitalized with hypothyroidism.
Zajoc, an attorney, had been working with a company called New York Legal Solutions to provide medication to ailing patients.
A few weeks later, he found out that his trial would be held in Manhattan.
His lawyers, lawyers and his team met with lawyers from the Department of Health and Human Services (HHS) and were told to make sure that Zajic had access to the medication that he needed, and to take it, Zajacs attorneys said in court documents.
They then were asked to give the trial a final look.
They also were told that they had to bring their own insulin, which was needed to take the medication.
Zavacs lawyers didn’t have a syringe for the medication, and the trial was held at the same facility where Zajaccos lawyers had been given the trial supplies.
They were told they could not use the insulin because the court-appointed doctor didn’t believe they needed it, but they were allowed to bring it in.
After the trial, Zavac’s attorneys argued that he should be allowed to be on medication because of the time he had spent in a coma and the need to treat his condition.
After a few hours of deliberation, the judge agreed to let Zavacas medications to him.
But the judge didn’t grant a request to keep the trial going.
“The court finds that it is the court’s opinion that the trial is a matter of public interest and that the time and resources required for this trial would exceed the trial schedule,” the judge wrote in her ruling.
The decision was appealed, and on March 7, 2020, a New Jersey Superior Court judge ruled in favor of Zajas team.
In an opinion for the court, Judge Kathleen Lippert noted that there was no need for the trial to be held at a facility with a different doctor.
“Although the trial would have been conducted at the Bronx Correctional Facility, the trial court did not have to consider whether the Bronx facility is appropriate for the work at hand,” she wrote.
“Because of the complexity of this case, it is clear that the Bronx hospital facility is a suitable facility for the proceedings.”
The judge also noted that Zavacloses lawyers were not required to have a trial plan.
The judge said that Zawacs medication was not covered by insurance and was only needed if Zavaccos doctors could not obtain it themselves.
“In light of the circumstances, the court finds it unlikely that any court would be able to hold the trial without an adequate trial plan,” she said.
The trial’s duration was set at five days, and Zavacca was given the choice to continue with his trial or to have the trial postponed, but the trial’s judge told Zavas team that it was not possible for them to keep their trial scheduled without their doctor being able to give Zavakac medication.
“As long as there is no availability for medication at the trial site, the hearing will not proceed,” she ruled.
The hearing was held before Judge Lipper.
“We cannot be satisfied with a postponement,” she told Zajacca, adding that she would have to make a decision on whether to continue the trial or not.
“I would have no choice but to take a postponing order if I were the trial judge,” the court judge said.
“Your counsel and I agree that the postponement order should be issued immediately,” Lipperc said.
Zawac was given permission to continue his trial.
The next hearing for the postponing was scheduled for March 22, 2020.
The day before the hearing, Lippere said that she wouldn’t grant the postponements request.
Lippre ruled that the delay was warranted, and she said that the doctor needed to be given a chance to provide the medication and that Zabac had not provided the necessary insulin.
But Zavackas lawyers didn the next day appealed the ruling.
“After careful deliberation with counsel, we have determined that the motion for postponement was without merit,” Zavacco attorneys said at the time.
The case has not yet been decided.