The plaintiff alleged the attending cardiologist negligently performed an ablation procedure, causing an AV Block, resulting in the need for a pacemaker. As a result, the plaintiff further claimed that the pacemaker caused the patient to suffer deterioration in cardiac function, leading to sustained physical restrictions. He then further claimed that as a result of the sustained physical restrictions, the patient, who suffered from a life-long battle with severe bi-polar depressive disorder, became increasingly depressed from an inability to exercise, and was caused to commit suicide over two years later.
Ms. Solimeo proved that the patient had her last cardiology follow-up eight months after the placement of the pacemaker, and had normal cardiac function. She further showed that upon the patient’s admission to a psychiatric hospital just prior to her death, the patient reported she was regularly exercising, and had no cardiac complaints.
The Court granted the motion dismissing the case in its entirety, finding that there was no material issue of fact to present to a jury. Since it could not be determined if the ablation was done improperly, as no autopsy was performed, the expert would be unable to determine the cause of the AV Block. AV Blocks are a known risk of cardiac ablations, and can occur without evidence of causation. As such the defendants were entitled to summary judgment, as a matter of law.