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HUDAK v. GOOD SAMARITAN HOSPITAL OF SUFFERN

101448/10. Appeal No. 12144. Case No. 2019-4461.

187 A.D.3d 604 (2020)

131 N.Y.S.3d 118

2020 NY Slip Op 06017

Christopher Hudak, as Administrator of the Estate of Michelle Lynn Hudak, Deceased, et al., Respondents-Appellants, v. Good Samaritan Hospital of Suffern, N.Y., et al., Appellants-Respondents, and Daniel Edward Vinick, M.D., Respondent. Good Samaritan Hospital of Suffern, N.Y., Third-Party Plaintiff-Appellant-Respondent, v. Guy Salomon, M.D., et al., Third-Party Defendants-Appellants-Respondents.

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

Decided October 22, 2020.

Supreme Court erred in striking and precluding all expert testimony as to whether decedent suffered an amniotic fluid embolism (AFE), the central defense of her treating doctors, after performing a quasi-Frye inquiry of the experts and concluding that AFE without hypoxia is not a "mature issue in the medical community." In doing so, Supreme Court intruded upon the jury's realm of weighing evidence (see Marsh v Smyth, 12 A.D.3d 307

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