MARTIN v. NEW YORK HOSPITAL


295 A.D.2d 485 (2002)

745 N.Y.S.2d 32

MARY A. MARTIN et al., Appellants, v. NEW YORK HOSPITAL et al., Respondents.

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

Decided June 17, 2002.


Ordered that the order is reversed, on the law, with costs, the motions are denied, and the complaint is reinstated.

After the plaintiff's decedent, Margaret Heinz, was transfused with one third of a unit of blood at the defendant New York Hospital (hereinafter the Hospital), she developed an adverse transfusion reaction and died soon thereafter. The Hospital's investigation of the incident revealed that the unit of blood was contaminated with a rare form of environmental...

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