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PHELAN EX REL. PHELAN v. TORRES

Nos. 1:04-cv-03538-ERK-CLP, 1:06-cv-01663-ERK-CLP.

843 F.Supp.2d 259 (2011)

Desiree PHELAN, by her parents John PHELAN and Ellien Phelan, and John Phelan and Ellien Phelan, individually, Plaintiffs, v. Marisol TORRES, individually and as caseworker; Leta Macadaeg, individually and as supervisor; Juanita Bowers, individually and as director, Elizabeth Mullane, individually and as director of medical services; St. Vincent's Services, Inc.; Monica Hoover, individually and as caseworker; Barbara Felton, individually and as manager; Robert Jackson, individually and as supervisor; Kathryn Croft, individually and as Deputy Commissioner; Nicholas Scoppetta, individually and as Commissioner; and City of New York, Defendants. Desiree Phelan, by her parents John Phelan and Ellien Phelan, Plaintiff, v. Kings County Hospital Center; New York City Health and Hospitals Corporation; Jeffrey Birnbaum, M.D.; and Sundari Nandanavanam, M.D., Defendants.

United States District Court, E.D. New York.

As Amended January 3, 2012.

Attorney(s) appearing for the Case

Carolyn A. Kubitschek , Lansner Kubitschek Schaffer & Zuccardy, New York, NY, for Plaintiffs.

Timothy J. O'Shaughnessy , McAloon & Friedman , Carl Judah Schaerf , Bruce Strikowsky , Schnader Harrison Segal & Lewis LLP, Patricia A. Murphey , Conway, Farrell, Curtin & Kelly, P.C., New York, NY, for Defendants.

MEMORANDUM & ORDER

KORMAN, Senior District Judge:

Desiree Abson was born on December 5, 1995 at Kings County Hospital Center ("KCHC"). Desiree's mother, Darlene Abson, reported using alcohol and cocaine during her pregnancy, receiving no prenatal care, and "smok[ing] a pack of cigarettes daily since 1989." SVS Defs.' Rule 56.1 Stmt. ¶¶ 31, 32. Desiree remained at KCHC until the City of New York ("City"), through its Child Welfare Administration...

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