RICHARD LIPSKY v. BIERMAN


16 A.D.3d 319 (2005)

791 N.Y.S.2d 416

MATTHEW RICHARD LIPSKY et al., Appellants, v. FREDERICK Z. BIERMAN, M.D., Respondent, et al., Defendant.

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

March 29, 2005.


Plaintiffs sue to recover for injuries sustained by the infant plaintiff by reason of a blood clot that allegedly formed as a consequence of pulmonary valve surgery performed on the infant by defendant pediatric cardiologist Bierman. It is plaintiffs' theory that the clot's formation would have been prevented had Dr. Bierman administered heparin, an anticoagulant, before the surgery. However, the evidence before the jury, fairly considered, enabled the panel reasonably to...

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