Legal Opinion · Concurring in part, dissenting in part

Carucci v. Maimonides Medical Center

Appellate Division of the Supreme Court of the State of New York

Decided April 29, 1996Published

1Concurring in part, dissenting in partAltman, J.

and votes to modify the order appealed from by deleting the provision thereof which granted the branch of the defendants’ motion which was to dismiss the cause of action asserted on behalf of Justine Carucci, denying that branch of the defendants’ motion, and reinstating the complaint on behalf of Justine Carucci, with the following memorandum: In 1982 the plaintiff Carol Carucci gave birth to her first child. At the time, it was determined that Mrs. Carucci had Rh negative blood and an injection of RhoGAM was administered. RhoGAM suppresses the immune response of an Rh negative woman to the…

2Cases cited9 opinions

  1. Pulka v. EdelmanNew York Court of Appeals · 1976
  2. Enright v. Eli Lilly & Co.New York Court of Appeals · 1991
  3. Albala v. City of New YorkNew York Court of Appeals · 1981
  4. Walker v. RinckIndiana Supreme Court · 1992
  5. Lough Ex Rel. Lough v. Rolla Women's Clinic, Inc.Supreme Court of Missouri · 1993

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