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BURNS v. VALENCIA

227 A.D.2d 511 (1996)

642 N.Y.S.2d 705

Jeffrey L. Burns an Infant, by His Mother and Natural Guardian, Rosemarie Burns, et al., Appellants, v. Vincent Valencia et al., Respondents

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

May 20, 1996

Ordered that the judgment is affirmed, with costs.

On August 16, 1989, the infant plaintiff Jeffrey Lawrence Burns was born after a delivery during which a shoulder dystocia was encountered. After the birth, Jeffrey was found to have sustained a mild residual Erb's palsy which was caused by a stretching or tearing of the brachial plexus nerve roots. The plaintiffs' medical expert asserted that the defendant Dr. Vincent Valencia departed from accepted medical practice...

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