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BOTCHED HEART ABLATION CAUSES DEATH OF 66-YEAR-OLDHUSBAND AND FATHER

Our Ohio Medical Malpractice Case Facts:

Mr. Penn was 66 years old and had been suffering from chest pain. He went to see a cardiologist, who explained that his chest pain was a symptom of “premature ventricular contractions,” which is when the bottom chambers of the heart produce extra heartbeats. Those extra heartbeats disrupt the heart’s normal rhythm. After lifestyle changes and medications were not effective in restoring a normal heart rhythm, Mr. Penn’s cardiologist recommended a catheter ablation.

To perform an ablation, an electrophysiologist (a cardiologist with special training) feeds a catheter through a vein to the heart, and the area of the heart that is causing the premature contraction is destroyed, or ablated, using radiofrequency pulses. In Mr. Penn’s procedure, however, the electrophysiologist had difficulty accessing the vein. They also had difficulty manipulating the curve of the ablation catheter. At some point during the procedure, they got the tip of the catheter stuck in the aorta. The aorta is the largest artery in the human body. When the catheter got stuck, it caused a massive “aortic dissection.” This is a serious condition, where a tear occurs in the inner layer of the aorta; blood then rushes through the tear, causing the inner and middle layers of the aorta to separate apart or “dissect.” There was no explanation in the medical records, however, about when or how this dissection happened.

The dissection was not recognized during the procedure. An hour after the procedure, Mr. Penn began complaining of severe abdominal pain. A stat CT scan was ordered and showed an acute aortic dissection. A vascular surgeon (a surgeon who specializes in repairing blood vessels) was consulted, and Mr. Penn was taken emergently to the operating room. Sadly, it was too late to save him. Mr. Penn’s condition continued to worsen, and he died in the hospital the next day.

The Eisen Law Firm Medical Negligence Case: Investigation and Preparation

After being turned down by another prominent law firm, Mr. Penn’s widow contacted The Eisen Law Firm to represent her in the investigation of potential medical negligence and wrongful death claims. The Eisen Law Firm began by obtaining and reviewing the medical records from the procedure. However, the records were incomplete, and several follow-up requests to obtain the records were ignored. But The Eisen Law Firm was not deterred and eventually forced the providers to provide all the missing information.

After digging through all of the medical records with a fine-tooth comb, The Eisen Law Firm retained one of the world’s foremost experts in electrophysiology to assist in our investigation. This expert explained in technical detail the nuances of the procedure, so that we could develop a theory of how and why the defendant botched it.

The Eisen Law Firm Medical Negligence Case: Pre-Suit Negotiations

Before filing suit, The Eisen Law Firm contacted the risk manager for the hospital. The Eisen Law Firm convinced the hospital that Mr. Penn’s death was entirely preventable. Rather than fight a losing battle against a formidable opponent, the hospital made the rational decision to settle the case without a lawsuit being filed.

The Eisen Law Firm and Medical Malpractice Cases

The Eisen Law Firm has been handling medical negligence cases for decades. In fact, that is all we do. Some cases take years of litigation and end with a jury verdict, and some cases are resolved without a lawsuit. And there are many in between. In every case we take on, however, we are prepared and committed to spending whatever is necessary to maximize the chances of recovery in each case. To commit the time and money necessary to handle these kinds of cases, The Eisen Law Firm limits its representation to only a few cases per year. When necessary, we turn down new clients with potentially strong cases to maintain our focus on existing clients.

Todd Gurney, Lead Attorney on this case, developed a deep understanding of the key medical issues in the case, and then was able to explain it in such a way that the defense had no choice but to agree. At The Eisen Law Firm, we believe the only way to win any case against sophisticated, well-heeled adversaries is to be well-versed in the medical issues, to develop a strong theory of the case supported by top-notch experts, and to be fully prepared to litigate the case to the end. That is precisely what he did here for Mrs. Penn and her family.