Facts

On January 30, 2019, Plaintiff Bruce Harris was undergoing a routine placement of a cardiac defibrillator, which is a small medical device implanted into the chest to correct and monitor abnormal heart rhythms. During the procedure, defendant Thampi John M.D. punctured Harris' right ventricle with one of the lead wires. Harris' blood pressure plummeted and he was immediately taken by ambulance to St. Agnes Hospital's emergency department. When he arrived, he was in critical condition, had no pulse and needed CPR. Dr. John arrived shortly after Harris and attempted several times to drain the blood but was unsuccessful. Harris had several more instances of cardiac arrest. Dr. Shamsuddin Khwaja, a cardiologist, happened to be at the hospital and using a 10 inch blade, cut into Harris' chest in order to find the perforation and drain the blood, which helped stabilize him. Dr. Khwaja then performed emergency surgery. Harris sued Dr. John for medical malpractice.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant was negligent during the routine implementation of the defibrillator.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions. Defendant's expert witness, Dr. Byron K. Lee, a board certified physician in internal medicine, cardiovascular diseases and clinical cardiac electrophysiology, who has performed many procedures like the one performed by Dr. John on Plaintiff attested that based on his background, training, education and professional experience and review of Plaintiff's medical records and deposition transcripts, Defendant's care and treatment was appropriate and within the standard of care. He also noted that, while rare, a perforation is a known risk of the procedure and can occur in the absence of negligence. Furthermore he opined that Dr. John acted appropriately when the perforation occurred by having him transferred to St. Agnes medical Center for a higher level of emergent care and to potentially undergo cardiac surgery.

Injuries

Harris suffered multiple cardiac arrests, required further emergency surgery and hospitalization. He also sustained injury to his health, mental, physical, and nervous pain and suffering.

Result

The motion for summary judgment was granted.