Defense Verdict in Kings County

Louise A. Derevlany obtained a defense verdict on behalf of a cardiologist in a medical malpractice case involving the insertion of a pacemaker to control the plaintiff’s episode of bradycardia so that a beta blocker could be given to treat tachycardia.

Plaintiff alleged that our client departed from good and accepted medical care in the recommendation for pacemaker insertion and the placement of the pacemaker.  Following implantation of the pacemaker, the plaintiff underwent a cardiac catheterization which revealed a chronic occlusion of the mid left anterior descending (LAD).

Evidence at trial revealed that plaintiff clearly had sick sinus syndrome, and that the only treatment for plaintiff’s bradycardia was placement of a pacemaker, which would then permit medical treatment of his tachycardia.  Ms. Derevlany demonstrated to the jury that untreated tachycardia would have created a risk of heart attack and painful episodes of angina.  She also demonstrated that the patient had suffered from sick sinus syndrome for at least ten years prior to his treatment by the defendants, although plaintiff’s regular cardiologist claimed the patient did not have sick sinus syndrome.  The jury credited the testimony of defendant cardiologist as to why a pacemaker was recommended.

On March 23, 2010, after a brief deliberation, the jury returned a defense verdict in favor of our client and the co-defendant surgeon.