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WARNOCK v. DUELLO

30 A.D.3d 818 (2006)

816 N.Y.S.2d 595

SARAH WARNOCK, Individually and as Administrator of the Estate of JORDAN GAUGE WARNOCK-BURNETT, Deceased, Appellant, v. DEBORAH K. DUELLO et al., Respondents.

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

June 15, 2006.

Lahtinen, J.

In Sheppard-Mobley v King (4 N.Y.3d 627 [2005]), the question presented was "whether an expectant mother may recover damages for emotional harm where the alleged medical malpractice causes in utero injury to the fetus, subsequently born alive" (id. at 634). The Court of Appeals answered that question in the negative (id.). In the current medical malpractice case, where the child was born alive and...

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