Mar 29 2009

“Wrongful Life,” and Other Subjects Covered by the 2d Dept.

The Appellate Division, Second Dept., reaffirmed that a plaintiff cannot maintain an action for “wrongful life,” in the March 17, 2009 case of Cronin v. Jamaica Hospital Center, NY Slip Op 01941(2d Dept. 2009).  There, the 72-year-old plaintiff’s decedent was resuscitated twice, reportedly in violation of two Do-Not-Resuscitate (DNR) orders executed by decedent’s family.  Plaintiff […]

Mar 20 2009

New 1st Dept. Cases of Interest

What you don’t know about those status conference orders can really hurt you.  This is illustrated painfully in a March 19, 2009, decision, Regina Carter v. Isabella Geriatric Center, Inc.,  NY Slip Op 01914 (1st Dept. 2009).  The January 10, 2008 order, issued during a status conference, precluded plaintiff from presenting expert witness testimony at trial due to the […]

Mar 18 2009

New England Journal of Medicine Sides with Patients Against Medical Device Makers

An editorial in today’s New England Journal of Medicine laments the result of the Riegel v. Medtronic decision, based mostly on the NEJM’s concern that “preemption will result in medical devices that are less safe for the American people.”  The editors point to the most recent example of preemption in action, in which a district court judge […]

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