Posted in on May 20, 2019
Lewis Johs Associate, Jordan S. Palatiello, assisted by Senior Counsel, Jeff Hummel, obtained a defendant’s verdict on behalf of our clients, a Cardiology practice and one of its physicians, in Nassau County Supreme Court on April 23, 2019. The plaintiff, a 60-year old male, presented to a prominent hospital with complaints of chest pain at rest. Our client performed a diagnostic cardiac catheterization through the plaintiff’s femoral artery. Upon the conclusion of the catheterization, the plaintiff’s arteriotomy was closed. The plaintiff was thoroughly examined over the course of the next 19-hours before he was discharged. The plaintiff was documented to have exhibited normal post-catheterization complaints which resolved by the time of discharge. The plaintiff was ultimately diagnosed with a pseudoaneurysm four (4) days after discharge and developed femoral neuropathy as a result of the alleged delay in diagnosing the pseudoaneurysm.
The plaintiff contended that our clients did not adequately close the arteriotomy, resulting in an evolving pseudoaneurysm. The plaintiff further contended that ultrasound should have been performed prior to the plaintiff’s discharge to diagnose the pseudoaneurysm as an accurate clinical examination could not be performed due to the plaintiff’s body habitus.
Jordan successfully argued to the jury that the arteriotomy was closed at the conclusion of the cardiac catheterization; the plaintiff was thoroughly and continuously assessed prior to discharge with no signs or symptoms of a pseudoaneurysm, and ultrasound is only warranted with the presence of clinical symptoms.
After twenty (20) minutes of deliberations, the jury rendered a unanimous verdict in favor of our clients.