A patient had a pacemaker. She was relatively young and healthy, but needed the pacemaker to regulate heart rhythm. She developed problems with the connectivity between the leads attached to her heart and the pacemaker. Her cardiologist recommended replacing the pacemaker. In the cath lab, the cardiologist sought to replace the pacemaker. However, the cardiologist attempted a “lead extraction” whereby he sought to remove the wire leads between the pacemaker and the heart. During the lead extraction, a vessel was torn. Despite emergent measures, the patient did not survive.
Kevin J. Williams represented the family of the patient and proved to a jury after two and a half weeks of trial that the defendant doctor did not take reasonable steps to guard against a possible adverse event. The jury awarded $1,047,732 in damages. The case was appealed and the verdict was unanimously affirmed. After interest, total damages exceeded $1.3 million. The case is Swink v. Weintraub and can be found here: https://www.nccourts.gov/documents/appellate-court-opinions/swink-v-weintraub.
If you have been involved in an incident involving medical malpractice, please contact the Law Office of Kevin J. Williams, PLLC, in Winston-Salem, North Carolina at (336)793-8459 to schedule a free consultation to discuss your options. You may also e-mail Kevin using the contact form.