(Last Updated on: October 10, 2023 )

A 58-year old man explained to his primary care physician that he had been experiencing muscle pains for four days in his upper body, which radiated to his left and right arms as well as his back. His wife testified that while he was climbing the stairs in their home her husband stated that he felt like he was “having a heart attack.” The defendant believed that the patient was suffering from statin-induced myalgia, and instructed him to discontinue his statins.
Six days following the diagnosis, he was found unresponsive by his wife and resuscitative efforts were not successful. Plaintiffs argued that with the decedent’s initial complaints, accepted standards of required care would have been a specific marker for myocardial damage to the heart muscle and prompted an immediate referral to the emergency room, where revascularization would have ultimately saved the descendant’s life. Representing the plaintiffs was attorney Daniel M. Hodes with Hodes Milman who obtained a settlement of $500,000.




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