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CRUCEN v. LEARY

55 A.D.3d 510 (2008)

CHELSEA CRUCEN, an Infant, by ERENIA VARGAS, Her Parent and Natural Guardian, Appellant, v. LINDA LEARY, M.D., et al., Respondents.

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

October 30, 2008.

Plaintiffs sued for medical malpractice arising from vaccinations the infant plaintiff received at defendant hospitals in 2000 and 2001. The individual defendants are alleged, among other things, to have administered the vaccines, failed to treat properly the conditions arising subsequent to the vaccinations, or failed to obtain informed consent.

Defendants moved to dismiss the complaint based on the National Childhood Vaccine Injury Act of 1986 (NCVIA) (42 USC &...

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