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HENRY v. BRONX MED. CENT.

53 A.D.2d 476 (1976)

Chaka Henry, an Infant by Hubert Henry, His Father, et al., Respondents, v. Bronx Lebanon Medical Center et al., Respondents, and East Bronx Medical Group et al., Appellants, et al., Defendants

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

July 20, 1976

Attorney(s) appearing for the Case

George van Setter (Marsha N. Birnbaum with him on the brief; Martin, Clearwater & Bell, attorneys), for appellants.

Thomas R. Newman (Bower & Gardner, attorneys for Bronx Lebanon Medical Center; Diamond, Rutman & Costello, attorneys for B. Umali), of counsel for respondents.

Charles Kramer (Melvin H. Bernheimer with him on the brief; Kramer, Dillof & Tessel, attorneys), of counsel for Chaka Henry and another, respondents.

BIRNS, SILVERMAN and NUNEZ, JJ., concur in Per Curiam opinion; MURPHY, J.P., and YESAWICH, J., dissent in an opinion by YESAWICH, J.

Per Curiam.

In this malpractice action, the jury awarded to the infant plaintiff the sum of $300,000 for birth-related injuries and to the infant's father the sum of $50,000, reduced on consent to $25,000, for loss of services. Mrs. Henry, the infant's mother, was under the care of East Bronx Medical Group during her third pregnancy. On April 2, 1969, at about 11:30 P.M., she was admitted to Bronx Lebanon Medical Center...

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