 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Boland v. Montefiore Medical Center1/10/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Defendants' Montefiore Medical Center, Dr. Joan Uehlinger and Dr. Ellen Friedman, jointly referred to as Montefiore, move for an order pursuant to CPLR § 3212 granting summary judgment dismissing plaintiff's complaint. Defendant New York Blood Center, Inc., (NYBC), by separate motion, also moves for an order granting summary judgment dismissing plaintiff's complaint.
Background
This action was brought on behalf of the decedent, Michael Boland to recover damages for the conscious pain and suffering sustained by the decedent and his wrongful death. The events which formed the basis for the claims asserted on behalf of the decedent, commenced when the decedent was referred by his primary care physician to Dr. Friedman on March 4, 1993 to determine the cause of his extremely high white blood count. Dr. Friedman diagnosed decedent's condition as myelogenous leukemia (CML). This medical condition is described as the malignant proliferation of white cells. The decedent remained under Dr. Friedman's care for approximately one year. During this period Dr. Friedman treated the plaintiff with interferon. Thereafter, the decedent decided to seek a bone marrow transplant at the National Institute of Health. After completing the transplant the decedent returned to Dr. Friedman's care but his condition had deteriorated. Dr. Friedman determined that the decedent needed a transfusion to raise his platelet count which had dropped below 20,000. The purpose of the transfusion, as testified to by Dr. Friedman, was to prevent spontaneous hemorrhage due to the low platelet count. Dr. Friedman ordered this procedure on March 16, 1995 and the transfusion took place in the Blood Bank at Montefiore Hospital on March 17, 1995.
Defendant Dr. Uehlinger is the Director of the Blood Bank at Montefiore and responsible for treatment of patients in need of transfusions. Defendant Uehlinger testified at his examination before trial that he was present in the blood bank during the afternoon on March 17, 1995 when the decedent was brought to the Blood Bank for his final transfusion. The transfusion procedure commenced at 9:00a.m. on March 17, 1995. The blood units were provided by defendant NYBC, who is described as, a regional blood center serving hospitals in the New York area. It is not disputed that the first two transfusions were completed without incident and that according to Uehlinger's testimony, within 15 or 30 minutes after he saw the decedent, Uehlinger was advised that the decedent began complaining of shortness of breath. Only a small amount of blood was transfused before the decedent experienced shortness of breath. The transfusion was stopped and shortly thereafter the decedent was transported by Dr. Uehlinger to the Emergency Department at Montefiore Medical Center. The hospital record (Blood Bank record) noted plaintiff's complaint occurring at 12:25 p.m. on March 17, 1995. At 12:30p.m. the decedent was administered oxygen. The hospital record does not record that the decedent was in cardiac arrest at that time, but does record the administration of Benadryl and other medications to alleviate his complaint of shortness of breath. Intubation was performed in the Emergency Department at 12:50p.m. Decedent's expert claims, inter alia that intubation occurred after a delay of 30 minutes which is not reflected in the record. Decedent expired at 1:47p.m.
The autopsy report, prepared by the attending pathologist at Montefiore Medical Center on March 18, 1995 identified plaintiff's chronic medical co
Page 1 2 3 4 5 6 7 New York Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|