Appellate Court Reverses Bronx Judge - Brain Damaged Baby Entitled to Jury Trial

On May 21, 2020 an appellate court reversed the decision of Supreme Court Bronx County Justice Douglas E. McKeon, which dismissed a claim of a brain damaged baby against the New York City Health & Hospital Corporation without a trial. The issue was whether the hospital's staff caused a baby's injuries. The infant was delivered by emergency c-section after a prolonged period of bradycardia. There was no dispute the infant "suffered a perinatal hypoxic ischemic insult". The infant suffered from speech, language and cognitive delays as well as behavioral disorders. The hospital contended that they were entitled to dismissal as a matter of law because there was no evidence that anything they did or failed to do was related to the injuries.

The appellate court agreed with the motion court that one of plaintiff's experts failed to establish causation, but found: "Plaintiff raised an issue of fact as to causation by submitting an additional expert opinion by a pediatric neurologist...." with "a synthesis of numerous medical studies not cited by plaintiff's previous expert, which reasonably permits the conclusions that the alleged departures proximately caused plaintiff's condition." T.H. v NYCH&H Corporation (North Central Bronx Hospital), 2020 WL 2561437

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