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CRAIR v. BROOKDALE HOSP. CTR.

94 N.Y.2d 524 (2000)

728 N.E.2d 974

707 N.Y.S.2d 375

LISA D. CRAIR, as Administrator of the Estate of STACEY S. CRAIR, Deceased, Plaintiff, v. BROOKDALE HOSPITAL MEDICAL CENTER, CORNELL UNIVERSITY, et al., Defendants, and EMORY UNIVERSITY SCHOOL OF MEDICINE, Respondent. (Action No. 1.) LISA D. CRAIR, as Administrator of the Estate of STACEY S. CRAIR, Deceased, Appellant, v. BRIJ B. SAXENA et al., Defendants, and RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA et al., Respondents. (Action No. 2.)

Court of Appeals of the State of New York.

Decided April 6, 2000.

Attorney(s) appearing for the Case

Sullivan Papain Block McGrath & Cannavo, P. C., New York City (Sidney H. Asch and Stephen C. Glasser of counsel), for appellant.

Hunton & Williams (D. Alan Rudlin, of the Virginia Bar, admitted pro hac vice, of counsel), and DeCicco, Gibbons, McNamara, P. C., New York City (Daniel J. McNamara of counsel), for University of Virginia and another, respondents.

J. Joseph Curran, Jr., Attorney General of Maryland, Baltimore (Dawna M. Cobb of counsel), and Flemming, Zulack & Williamson, New York City (Elizabeth A. O'Connor of counsel), for University of Maryland School of Medicine, respondent.

Chief Judge KAYE and Judges BELLACOSA, CIPARICK, WESLEY and ROSENBLATT concur; Judge SMITH taking no part.

OPINION OF THE COURT

LEVINE, J.

Decedent Stacey Crair received injections of Human Growth Hormone (HGH) from 1966 to 1978, some of which, it is claimed in this action, were contaminated with the viral disease that killed her. Plaintiff Lisa Crair, decedent's sister, brought this action on her behalf against the entities allegedly involved in the manufacture and distribution of HGH, including defendants University...

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