Mis-Programming by Doctor of Man's Cardiac Defibrillator Leads to Profound Brain Injury; Settled for $4,315,000

A young man suffered oxygen deprivation leading to severe brain damage after a physician allegedly mis-programmed his cardiac defibrillator. The man, now 30-years-old, cannot speak and will need around-the-clock assistance for the rest of his life. He is cared for by his parents, who are both in their 60s. The man was born with a heart condition and had corrective surgery when he was an infant. The condition and corrective surgery made him predisposed to irregular heartbeats. In 2004, he had a defibrillator implanted to detect any irregular heartbeats and return his heart to normal rhythm. Five years later, the device's battery was running low and a physician replaced it, but did not correctly reprogram the device. When the man suffered a heart rhythm disturbance the following month, the defibrillator did not respond properly, leading to severe brain injury. Daniel Hodes, of Hodes Milman and Ken Sigelman, of the Law Offices of Kenneth M. Sigelman, represented the man and his family. The case resolved following mediation.