`ANGEL OF DEATH' SUIT FILED BY FAMILY OF 91-YEAR-OLD MAN.

Byline: Donna Huffaker Daily News Staff Writer

Unanswered questions about the death of a 91-year-old Los Feliz man prompted the first ``Angel of Death'' lawsuit, the attorney for the man's family said Friday.

Christopher Nicoll filed the lawsuit in Los Angeles Superior Court on Friday on behalf of the family of John N. Schwartz. The suit, alleging negligent infliction of emotional distress, names Glendale Adventist Medical Center and Efren Saldivar, the former respiratory therapist who allegedly told police he euthanized 40 to 50 patients. He later recanted his statements.

Discussing circumstances that led to the suit, Nicoll said Schwartz was in stable condition, his wrists restrained to the bed to prevent him from falling, the last time medical personnel checked on him on May 31, 1993.

Thirty minutes later, Schwartz was untied and on the floor, Nicoll said.

He died 15 minutes later.

``No doctor ordered Schwartz be untied,'' Nicoll said.

Saldivar was on duty at the time of Schwartz's death and his initials are on Schwartz's medical chart, Nicoll said.

Hospital spokeswoman Alicia Gonzalez declined to comment Friday, saying the hospital has not been served with a lawsuit.

Saldivar, dubbed ``the Angel of Death,'' told Glendale police in March 1998 that his criteria for euthanizing patients was they had to be unconscious, they had to have a ``do not resuscitate'' order and they had to look like they were ready to die.

Schwartz met this criteria, Nicoll said. The 91-year-old suffered from Alzheimer's disease and other complications, and had a ``do not resuscitate order.''

On Thursday, Nicoll filed a claim with the state medical board citing intentional wrongful death, battery, reckless hiring training and supervision of unfit employees and elder abuse.

The family of John Schwartz found his death unusual, Nicoll said. And when Saldivar's alleged confession and subsequent termination from Glendale Adventist were publicized last March, Nicoll called Glendale Police. Schwartz's body was being exhumed from a local cemetery so he could be buried next to his wife on Catalina Island. Nicoll asked police whether they wanted to autopsy the remains.

The remains were released to Glendale police and the Los Angeles County Coroner's Office in May 1998 and an autopsy was performed in July, Nicoll said. The results remain under seal, he said, adding that even the family has not been told.

Saldivar told police in March 1998 he injected patients with lethal doses of muscle-paralyzing drugs or suffocated them. It is unclear how traceable those drugs would be in 6-year-old remains. Nicoll says the likelihood would be remote.

Glendale police say exhumations of possible mercy killing victims are imminent. Sgt. Rick Young said no tests have been performed on any bodies. He said it's possible that samples have been collected from bodies.

Saldivar could not be reached for comment.

His brother, Eddie, did not return a message left for comment.