Kraut v. West

OPINION OF THE COURT

Stanley L. Sklar, J.

This is an action sounding in medical malpractice, negligence and products liability arising out of the death of plaintiffs decedent, Martha Kraut (Kraut). Kraut suffered cardiac arrest during a myomectomy and ovarian cystectomy performed at defendant, St. Luke’s Roosevelt Hospital (the hospital). It is claimed that the cardiac arrest resulted when a cell saver machine which was being used during surgery to clean and re-infuse the patient’s blood instead, as a result of either malfunctioning of the cell saver or its negligent use, reinfused fluid from…