Good v. Presbyterian Hosp. in City of New York

OPINION AND ORDER

KOELTL, District Judge:

This is a medical malpractice action arising out of a heart and lung transplant performed by Dr. Craig Smith, a transplant surgeon at Presbyterian Hospital, on John Anthony Good, Jr. (“John Jr.”) on August 12, 1990. The plaintiff, Carmella Good, individually and as Administratrix of the Estate of John Jr., alleges a lack of informed consent. The plaintiff maintains that Dr. Smith failed to advise her that the organs to be transplanted had tested positive for the presence of cytomegalovirus (“CMV”). The plaintiff contends that the virus caused John Jr.’s…