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T.H. v. NEW YORK CITY HEALTH & HOSP. CORP.

11545. 350307/11.

183 A.D.3d 495 (2020)

2020 NY Slip Op 02976

T.H., Appellant, v. New York City Health & Hospital Corporation (North Central Bronx Hospital), Respondent.

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

Decided May 21, 2020.

Plaintiff was born via emergency cesarean section after a prolonged diminution of the fetal heartbeat indicative of bradycardia. Defendant does not contest that plaintiff suffered a perinatal hypoxic ischemic insult, with an acidotic pH level in the umbilical cord at birth and a postnatal indication of seizure activity within the first few hours of life.

Defendant failed to establish prima facie that its staff did not depart...

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