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ZIMMERMAN v. HEALTH & HOSPS.

91 A.D.2d 290 (1983)

Donna Zimmerman, an Infant, by Her Mother and Natural Guardian, Barbara Zimmerman, et al., Respondents, v. New York City Health and Hospitals Corporation, Appellant

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

January 25, 1983

Attorney(s) appearing for the Case

June A. Witterschein of counsel (Stephen J. McGrath with her on the brief; Frederick A.O. Schwarz, Jr., Corporation Counsel, attorney), for appellant.

Morton H. Feder of counsel (Jeannine A. Broomhall with him on the brief; Bases Russo Lawrence Ciovacco Walsh & Feder, P. C., attorneys), for respondents.

SANDLER, J. P., BLOOM, MILONAS and KASSAL, JJ., concur.

SILVERMAN, J.

In this case the jury found that there was no informed consent to the surgery performed on the infant plaintiff; the jury awarded the infant plaintiff, Donna Zimmerman $250,000 damages and awarded to the plaintiff mother Barbara Zimmerman for loss of services the sum of $50,000. The Trial Judge thought that the verdict of $250,000 to the infant plaintiff was "shockingly inadequate" and granted that...

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