When plaintiff Joseph Giordano, a self-employed man, was in his 50s, he presented to a hospital after suffering a drop in his heart rate. He was subsequently treated by Dr. Peter Belott, a cardiologist. Belott performed an insertion of a pacemaker and leads that carry the electrical impulse from the pacemaker to the heart. However, Giordano claimed that he did not consent to the insertion of a pacemaker. Giordano sued Belott, alleging that Belott’s negligent treatment of him constituted medical malpractice. Giordano claimed that he did not need a pacemaker, that the wrong pacemaker was inserted, and that Belott did not obtain the appropriate informed consent. Giordano also claimed that Belott informed him that he would require back surgery in the future and that he would require MRIs for clearance. However, Giordano contended that the pacemaker and leads were, at the time, not approved by the Food and Drug Administration as being safe for use with an MRI. Defense counsel disputed Giordano’s allegations, contending that Giordano required the pacemaker, that Giordano was properly informed about it, and that Giordano provided his informed consent., Giordano was inserted with a pacemaker and leads that carry the electrical impulse from the pacemaker to the heart. He currently still has the pacemaker inserted, but he claimed that he is anticipating whether to have it removed. Giordano claimed that in the 1.5 years since he filed suit, the FDA approved the leads as being safe for use during an MRI. However, the pacemaker unit itself has still not been approved.