EINAUGLER v. SUPREME COURT OF N.Y. KINGS COUNTY

No. 95 CV 1051.

918 F.Supp. 619 (1996)

Gerald EINAUGLER, M.D., Petitioner, v. SUPREME COURT OF the STATE OF NEW YORK FOR the COUNTY OF KINGS, the Honorable Neil J. Firetog, and Edward Kuriansky, Respondents, and Dennis C. Vacco, Attorney General of the State of New York, Additional Respondent.

United States District Court, E.D. New York.

March 8, 1996.


Attorney(s) appearing for the Case

Peter A. Chavkin, Stillman, Friedman & Shaw, New York City, for petitioner.

Donald H. Zuckerman, State of N.Y., Dept. of Law, Medicaid Fraud Control Unit, New York City, for respondents.


MEMORANDUM AND ORDER

KORMAN, District Judge.

Alida Lamour died on May 24, 1990, at the age of seventy-eight. The primary cause of death, as determined by the medical examiner, was "chemical peritonitis following infusion of liquid feeding supplement through [a] peritoneal dialysis catheter placed for treatment of renal failure due to essential hypertension." Tr. 589-90. Other "contributory factors to the cause of death" were "arteriosclerotic cardiovascular...

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