The IAS Court properly denied summary judgment since the affidavits and testimony of the various medical experts demonstrate that, at the very least, a triable issue of fact exists as to whether the DPT injections were contraindicated, and as to whether such injections proximately caused plaintiff's brain damage and mental retardation (see, Farkas v Saary,
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ORTIZ v. PRESBYTERIAN HOSP. IN THE CITY OF NEW YORK
247 A.D.2d 287 (1998)
668 N.Y.S.2d 455
Michelle Ortiz, Respondent, v. Presbyterian Hospital in the City of New York et al., Appellants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 19, 1998
February 19, 1998
Appellate Division of the Supreme Court of the State of New York, First Department.
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