At the age of four, a young girl was diagnosed with myocarditis and eventually required a pacemaker implant. Her pacemaker was regularly monitored with a 24-hour Holter Monitor. At age 11, the girl collapsed on the playground at school as a result of her pacemaker failing to properly function. She was revived but suffered permanent and severe brain damage resulting in her death nine months later.
The girl’s parents brought an action for the wrongful death of their child alleging that the doctors had been negligent in their reading of the testing on the Holter Monitor. Testing showed that there were periods of time where the pacemaker was not functioning as evidenced by a flat line on the EKG strip. This finding was read by the physicians as “pacemaker functioning normally.”