Legal Opinion
Gielskie v. State
Appellate Division of the Supreme Court of the State of New York
Decided May 16, 1960No. Claim No. 34380PublishedCited by 11 opinions
1Per curiam
Claimant is permanently and totally paralyzed below the tenth vertebrae as a result of an intraspinous injection by his own physician of tetanus antitoxin serum (hereinafter called T. A. T.), made and distributed to doctors, free of charge, with accompanying instructions and information, by the State Department of Health as a part of its public service.
The case is unique and novel, particularly in two respects: (1) although a negligence case, there is no dispute as to the basic facts; and, (2) there is no case close enough factually to claimant’s theory of negligence to be of value as a…
2Cited by11 opinions
- Nestorowich v. RicottaNew York Court of Appeals · 2002
- Baker v. St. Agnes HospitalAppellate Division of the Supreme Court of the State of New York · 1979
- Tinnerholm v. Parke Davis & Co.District Court, S.D. New York · 1968
- Henry v. Bronx Lebanon Medical CenterAppellate Division of the Supreme Court of the State of New York · 1976
- Jones v. United StatesDistrict Court, S.D. New York · 1989
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