Legal Opinion

Berry v. St. Peter's Hospital

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

Decided October 8, 1998PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

Carpinello, J.

The basic facts leading up to the subject appeal are not in dispute. In September 1983, Cornelius M. Berry (hereinafter Berry) was a 41-year-old Capitol Police Officer for the State when he became ill and was admitted to defendant St. Peter’s Hospital of the City of Albany for diagnostic tests, which included a fiber-optic bronchoscopy. Anesthetized during this procedure, Berry suffered a cardiac arrest and a protracted period of insufficient blood oxygen resulting in irreparable brain damage. For the past 15 years, Berry has been in a coma and remains a…

2Cases cited13 opinions

  1. Pennsylvania General Insurance v. Austin Powder Co.New York Court of Appeals · 1986
  2. McDougald v. GarberNew York Court of Appeals · 1989
  3. Teichman v. Community Hospital of Western SuffolkNew York Court of Appeals · 1996
  4. Winkelmann v. Excelsior InsuranceNew York Court of Appeals · 1995
  5. Federal Insurance v. Arthur Andersen & Co.New York Court of Appeals · 1990

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3Cited by21 opinions

  1. Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris, Inc.District Court, E.D. New York · 2000
  2. Fasso v. DoerrNew York Court of Appeals · 2009
  3. USF&G v. MaggioreAppellate Division of the Supreme Court of the State of New York · 2002
  4. Omiatek v. Marine Midland Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 2004
  5. Citibank, N.A. v. PlagakisAppellate Division of the Supreme Court of the State of New York · 2004

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