Sommers Schwartz attorneys Judith Susskind and Dina Zalewski secured a confidential settlement on behalf of a 73-year-old man who suffered serious injuries from a botched cardiac ablation procedure.

The plaintiff had a history of atrial fibrillation. To treat this condition, he underwent a cryoballoon ablation, a procedure where thin, flexible catheters are inserted into the blood vessels of the heart. Once they are properly placed, the surgeon uses freezing energy to precisely disable the heart tissue that causes irregular heartbeats. The procedure has a very good success rate, when performed properly.

Unfortunately, the surgeon performing this patient’s procedure placed the instruments too deeply into the vein and injected the freezing agents while the catheter balloon was improperly positioned. This lacerated the pulmonary vein, causing massive internal bleeding, loss of vital signs, and serious complications, including brain damage. The surgical team took heroic measures to save the patient’s life, but he sustained severe and permanent injuries.

Due to the surgeon’s errors, the plaintiff needed extensive rehabilitation, including relearning how to walk, talk, and perform basic life functions. He required many additional visits to the hospital and medical treatment for ongoing medical issues. His quality of life has deteriorated,  and he continues to suffer weakness,  cognitive deficits, vision impairment, tremors, memory loss, personality changes, and depression. Due to his loss of independence and self-reliance, a conservator and a guardian have been appointed.

The settlement was the culmination of years of litigation following mediation proceedings.