GIELSKIE v. STATE OF NEW YORK


10 A.D.2d 471 (1960)

Frank Gielskie, Respondent, v. State of New York, Appellant. (Claim No. 34380.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 16, 1960.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Paxton Blair and Edward R. Murphy of counsel), for appellant.

Twining & Fischer (William H. Johnson, Jr., of counsel), for respondent.

BERGAN, P. J., COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.


Per Curiam.

Claimant is permanently and totally paralyzed below the tenth vertebrae as a result of an intraspinous injection by his own physician of tetanus antitoxin serum (hereinafter called T. A. T.), made and distributed to doctors, free of charge, with accompanying instructions and information, by the State Department of Health as a part of its public service.

The case is unique and novel, particularly...

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