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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47226 Justice Elliot A WOMAN suffered a heart attack while in a traffic jam. Although a New York City Fire Department ambulance reached her, a defibrillator in the ambulance failed to operate. She died several months after suffering brain injuries due to oxygen deprivation. The defibrillator’s maker sought dismissal of products liability and other claims on the ground that the batteries used to power the defibrillator were so outdated that they were unable to hold a charge under the load required to shock a patient’s heart. The court dismissed the charges against the defibrillator’s manufacturer, finding, among other things, that plaintiff offered no evidence that the manufacturer acted unreasonably in designing the defibrillator. However, it upheld claims against defendant City, concluding that to the extent that plaintiff alleged that the ambulance emergency medical technicians departed from proper practice by not using a defibrillator capable of producing a shock, factual issues existed as to the City’s negligence.

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