Senior Trial Partner Laurie Annunziato, Partner Samantha Shaw and Associate Alexandra Claus obtained Summary Judgment in a cardiology case. The case involves a 73-year-old who claims that from January 28, 2019 to March 18, 2019, our clients failed to appreciate signs and symptoms of bacterial endocarditis. Upon admission to an outside hospital on March 20, 2019, the diagnosis of bacterial endocarditis was made and on March 28th, the plaintiff underwent open-heart surgery, with valve replacement, followed by a three month admission, placement of a loop recorder, pacemaker and a six-week course of intravenous antibiotics. Plaintiff claimed there were signs of the infection ignored by our clients including tachycardia, heart murmur and fibromyalgia. The plaintiff argued that had the diagnosis be made timely, the infection could have resolved with a course of antibiotics. Our expert opined that our clients properly evaluated and assessed the plaintiff at the three subject urgent care visits and provided proper treatment and recommendations. Our expert opined that the treatment rendered at our client urgent care was entirely appropriate and the plaintiff’s clinical presentation was not consistent with bacterial endocarditis. Our expert emphasized that the role of the urgent care facility is/was to treat acute and episodic conditions, and that the plaintiff was properly instructed to return to his primary care physician (co-defendant) for care of his chronic conditions. The expert also opined that given that the diagnosis was made on March 21st ,there was no causal connection to the alleged delay and the plaintiff’s damages stemming from the March 21st visit.
