Legal Opinion
Giventer v. Rementeria
New York Supreme Court
Decided February 18, 2000PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Joseph J. Maltese, J.
In a medical malpractice action, the jury awarded the plaintiffs, a severely brain damaged child and his parents, a verdict of $53,735,955. The defendant doctor and hospital have petitioned this court, pursuant to CPLR 4545 (a), to reduce the amount of that award by applying collateral sources to pay for the future cost of medical care and therapies (rehabilitative services) to be received by the child. The defendants seek to apply the mother’s employee health insurance plan and the benefits received while the child is in school pursuant to the Federal…
2Cases cited10 opinions
- Birchfield v. Texarkana Memorial HospitalTexas Supreme Court · 1987
- Oden v. Chemung County Industrial Development AgencyNew York Court of Appeals · 1995
- Cedar Rapids Community School District v. Garret F. Ex Rel. Charlene F.Supreme Court of the United States · 1999
- Bryant v. New York City Health & Hospitals Corp.New York Court of Appeals · 1999
- Caruso v. Russell P. LeFrois Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
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3Cited by6 opinions
- Kihl v. PfefferAppellate Division of the Supreme Court of the State of New York · 2007
- Malmberg v. United StatesCourt of Appeals for the Second Circuit · 2016
- Quezada v. O'Reilly-GreenAppellate Division of the Supreme Court of the State of New York · 2005
- Bongiovanni v. Staten Island Medical Group, P. C.New York Supreme Court · 2001
- 2Court of Appeals for the Second Circuit · 2016
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