Christian D. McCarthy, Edward J. Arevalo, and Kiki Chrisomallides successfully obtain discontinuances, with prejudice, as to their clients following a motion for summary judgment in a case involving allegations of negligence in the preoperative clearance of a then fifty-six (56) year old female decedent prior to undergoing a total knee arthroscopy (“TKA”), after which she suffered cardiac arrest and expired approximately eighteen (18) days later. 

 In support of the motion, we successfully argued that the role of a family medicine specialist and/or internist in cardiac care is simply to manage blood pressure, where appropriate, and to otherwise defer to cardiology.  The decedent appropriately received cardiac clearance from her cardiologist, which our clients appropriately relied on in clearing the patient.  As the decedent was already cleared for surgery from a cardiac standpoint, there were no medical contraindications to surgery and we successfully argued that the patient was medically stable from an internal medicine perspective. 

Additionally, with respect to causation, we asserted that the decedent suffered sudden cardiac death from ventricular fibrillation and, because it was a cardiac arrythmia, it could not be found on autopsy.  Moreover, the decedent died eighteen (18) days after a surgery that was performed, without complication, and made a full recovery.  This was also approximately forty-three (43) days after undergoing presurgical clearance.  As such, the postoperative cardiac event was too far removed to be related to the TKA procedure, and even further removed to be related to any issues with respect to preoperative clearance.  Ultimately, plaintiff could not oppose our application and agreed to voluntarily discontinue the action, with prejudice, as to our clients.