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PALESTRANT v. GARCIA

244 A.D.2d 199 (1997)

664 N.Y.S.2d 31

Jocelyn Palestrant, an Infant, by Her Father and Natural Guardian, Abraham Palestrant, et al., Appellants, v. Emilio A. Garcia et al., Respondents

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

November 13, 1997

Plaintiffs claim that defendants failed to detect and diagnose that the infant plaintiff was developing a rare form of kidney cancer known as Wilms' tumors. The jury chose to credit the testimony of defendants' expert, Dr. Beckwith, that given the position and rapid rate of growth of such tumors, defendants could not have palpated the tumor on the child's right kidney when they examined her in or around May and June of 1984. The...

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