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RIVERA v. STATE OF NEW YORK

94 Misc.2d 157 (1978)

Valentin Rivera et al., Claimants, v. State of New York et al., Defendants. (Claim No. 61057.)

Court of Claims.

April 4, 1978

Attorney(s) appearing for the Case

Paul N. Weltman for claimants. Louis J. Lefkowitz, Attorney-General, for State of New York, defendant. Morris, Duffy, Ivone & Jensen (Paul I. Klein of counsel), for State University Hospital of Downstate Medical Center, defendant.

GERARD M. WEISBERG, J.

On April 24, 1975 claimant, Victoria Rivera, underwent a surgical procedure at Downstate Medical Center for the purpose of rendering her sterile. The operation, known as a tubal ligation, proved to be unsuccessful. Mrs. Rivera became pregnant in September, 1976 and subsequently gave birth to a healthy, albeit unwanted, child. In the present claim, Mrs. Rivera and her husband seek damages...

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