|Weinstein v Lanoix|
|2013 NY Slip Op 51316(U)|
|Decided on August 1, 2013|
|Supreme Court, New York County|
|Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.|
|This opinion is uncorrected and will not be published in the printed Official Reports.|
Marilyn C. Weinstein, as Administratrix of the Estate of SHERIE BETH WEINSTEIN, deceased, Plaintiff,
Richard Lanoix, M.D., NIDAL ISBER, M.D., ALI FARD, M.D., EDUARDO GONZALEZ, M.D., JAMES MORGAN, M.D., DMITRY MALKIN, M.D., NINA MCGOWAN, M.D., NAHEED ABBASI, M.D., JOSH TORGOVNICK, M.D., ST. VINCENT'S MEDICAL CENTER, ST. LUKE'S ROOSEVELT HOSPITAL CENTER, and CARDIOVASCULAR LLC, , Defendants.
Scaffidi & Associates for plaintiff.
Costello, Shea & Gaffney for the moving defendants.
Joan B. Lobis, J.
In considering a motion for summary judgment, this Court reviews the record in the light most favorable to the non-moving party. E.g., Dallas-Stephenson v. Waisman, 39 AD3d 303, [*5]308 (1st Dep't 2007). A movant must support the motion by affidavit, a copy of the pleadings, and other available proof, including depositions and admissions. C.P.L.R. Rule 3212(b). The affidavit must recite all material facts and show, where a defendant is the movant, that the cause of action has no merit. Id. This Court may grant the motion if, upon all the papers and proof submitted, it is established that the Court is warranted as a matter of law in directing judgment. Id. It must be denied where facts are shown "sufficient to require a trial of any issue of fact." Id.
JOAN B. LOBIS, J.S.C.
Footnote 1: Plaintiff's expert explains that contractions of the heart are controlled by electrical impulses. After each heart beat, the heart's electrical system recharges itself in preparation for the next heartbeat, in a process known as repolarization. When the heart muscle takes longer than normal to recharge between beats, the interval between the beginning of the Q wave and the end of the T wave, as measured on an EKG, it is considered "prolonged" or "long." Prolonged QT interval/Long QT interval can be either induced or congenital and can lead to episodes of syncope (fainting), near syncope, seizures, or sudden cardiac death from arrhythmia or dysrhythmia.
Footnote 2: Dr. Lanoix explains that a QTc interval takes into account the patient's heart rate.
Footnote 3: A holter monitor is a portable device for continuous monitoring of various electrical activity of the cardiovascular system, which is worn for hours or days at a time. While the defendants refer to this as a "halter" monitor, the Court believes that both sides are referencing similar devices.