Legal Opinion · Dissent

Severino v. Weller

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

Decided February 21, 2017No. 106422/09Published

1DissentAndreas, J.

Plaintiff Marino Severino, then 61, underwent gallbladder surgery at the New York and Presbyterian Hospital (NYPH). Dr. Weller was the anesthesiologist. At either 11:40 or 11:45 p.m., almost five hours after he had been moved from the postanesthesia care unit (PACU) to a room on a surgical floor, Mr. Severino had a cardiorespiratory arrest that resulted in severe anoxic brain injury, leaving him in a near-vegetative state.

*277We all agree that Dr. Weller and NYPH, through expert affirmations supported by medical records and testimony, established prima facie that their treatment of Mr. Severino…

2Cases cited10 opinions

  1. Diaz v. New York Downtown HospitalNew York Court of Appeals · 2002
  2. Foster-Sturrup v. LongAppellate Division of the Supreme Court of the State of New York · 2012
  3. Dallas-Stephenson v. WaismanAppellate Division of the Supreme Court of the State of New York · 2007
  4. Brown v. BaumanAppellate Division of the Supreme Court of the State of New York · 2007
  5. Fernandez v. MoskowitzAppellate Division of the Supreme Court of the State of New York · 2011

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