Legal Opinion

New England Insurance v. Healthcare Underwriters Mutual Insurance

Court of Appeals for the Second Circuit

Decided July 8, 2002No. Docket No. 01-7945PublishedCited by 1 opinion

1Opinion of the Court

BERMAN, District Judge.

BACKGROUND

I. The Medical Malpractice Action

On May 23, 1982, David Weinstock was born at Huntington Hospital (the “Hospital”) and suffered severe and permanent brain damage resulting from inadequate intake of oxygen. Dr. Lawrence A. Horn (“Dr.Horn”), the attending obstetrician, had diagnosed fetal distress and performed an emergency cesarean section when he realized that David was not receiving enough oxygen in the womb. Upon delivery, David was resuscitated by the attending anesthesiologist, because there was no pediatrician present in the delivery room. Following the…

2Cases cited30 opinions

  1. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  2. Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
  3. Richard Samuels v. Air Transport Local 504Court of Appeals for the Second Circuit · 1993
  4. Lightfoot v. Union Carbide Corp.Court of Appeals for the Second Circuit · 1997
  5. Cruz v. Local Union No. 3 of International Brotherhood of Electrical WorkersCourt of Appeals for the Second Circuit · 1994

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3Cited by1 opinion

  1. New England Insurance Company v. Healthcare Underwriters Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 2002

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