Stiles v. Sen
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs and motion denied. Memorandum: Special Term erred by granting defendants’ motion for summary judgment dismissing plaintiff Debra Stiles’ claims for emotional distress and mental anguish suffered as a result of the death of her infant son one-half hour after his birth, as well as her husband’s derivative claims.
Debra Stiles was admitted to defendant St. James Mercy Hospital on September 17, 1985. Her obstetrician, defendant Dr. Anubha Sen, induced labor at about 12:30 p.m. After efforts to deliver the baby with a vacuum extractor failed, Dr.…
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