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ALICEA RODRIGUEZ v. SAAL, M.D.

43 A.D.3d 272 (2007)

841 N.Y.S.2d 232

ELENA ALICEA RODRIGUEZ, as Administratrix of the Estate of JUAN RODRIGUEZ, Deceased, et al., Appellants, v. STUART SAAL, M.D., et al., Defendants, and NEW YORK ORGAN DONOR NETWORK, Respondent.

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

Decided August 2, 2007.

In February 2002, plaintiff's decedent Juan Rodriguez underwent a kidney transplant procedure at defendant Rogosin Institute, with a replacement cadaveric kidney supplied by defendant NYODN. Four and a half weeks later, a kidney biopsy was performed at defendant New York Presbyterian Hospital, which revealed lesions in the new kidney. Neither plaintiff nor her decedent was informed by Presbyterian of this finding.

After several visits to Presbyterian for treatment...

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