David Pullman v. David A. Silverman, M.D.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, defendant David A. Silverman, M.D.’s motion for summary judgment denied, and the certified question answered in the negative.

In this medical malpractice action, plaintiff alleged that defendant’s negligent administration of Lipitor and his negligent administration of the combination of Lipitor and azithromycin caused him to have a cardiac arrhythmia, which progressed to third-degree atrioventricular (AV) heart block necessitating the placement of a permanent pacemaker. Specifically, in his bill…