Smith v. Terumo Cardiovascular Systems et al

Filing 217

MEMORANDUM DECISION AND ORDER granting 149 Motion to Exclude Portions of Dr. Maloskys Opinion and Testimony. Signed by Judge David Nuffer on 7/12/17 (Attachments: # 1 Exhibit 1) (alt)

Case 2:12-cv-00998-DN-PMW Document 185-6 Filed 06/14/17 Page 1 of 4

Charles A. Smith v. Terumo Cardiovascular Systems Corporation, IHC Health
Services, Inc.; Intermountain Medical Center; Intermountain Health Care, Inc.
Report of Expert Opinions Rendered by:
Dr. Steve Malosky
900 SW Saint Lucie Crescent
Stuart, FL 34994
Cell phone: [phone]
Home phone: [phone]
Email: [e-mail]

Dr. Malosky may not give a
general narration of Mr. Smith's
health before, during, and after
the surgery.

I. The main opinions which are expected to be expressed, and the basis and reasons
For those opinions, and reasonable extrapolations thereto, are:
After review of the records supplied as listed within this document, I have formed the
following main opinions, and the reasonable extrapolations therefrom, each of which is
based upon my education, training, experience:

Excluding any
testimony about
the alleged
perioperative
myocardial
infarction.

On September 13, 2010, Charles Smith underwent aortic valve replacement surgery at
Intermountain Medical Center, involving the use of a Terumo Advanced Perfusion
System 1 machine. During the surgery there was a period of time, approximately 10
minutes, during which there was no or very little blood flow to the brain, heart, and
body. This period of very low or absent blood flow was caused by a failure of arterial
circuit forward flow during the initiation of cardiopulmonary bypass.
As a consequence of tissues within his body being deprived of proper flow of oxygenated
blood for that period of time, Mr. Smith sustained injuries. The heart muscle itself was
injured during the procedure, with a deterioration of heart muscle strength noted
following the surgery and substantial worsening of Mr. Smith’s congestive heart failure
syndrome. In addition, Mr. Smith suffered an injury to the brain due to prolonged lack of
oxygenated blood flow to the brain. Mr. Smith was in medical facilities for
approximately 2 ½ months continuously following the surgery, and he never recovered
his pre-surgery level of functioning.
He died August 6, 2011, 11 months following the surgery.
It is more likely than not that proper and uninterrupted forward arterial flow during his
heart valve replacement surgery would have prevented the above-described injuries and
prolonged course of treatment along with the resulting physical and mental deterioration
that Mr. Smith endured prior to his death.
The injuries that Mr. Smith suffered around the time of the heart valve replacement
surgery made him less able to tolerate and/or survive additional adverse events and
medical stressors.
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