Shu Ying Lee v. Fenton
Opinion of the Court
In an action to recover damages for medical malpractice and wrongful death, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Asher, J.), dated March 30, 2012, as granted the motion of the defendants NYU Medical Center and NYU School of Medicine for summary judgment dismissing the complaint insofar as asserted against them.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendants NYU Medical Center and NYU School of Medicine for summary judgment dismissing the complaint insofar as asserted against them is denied.
On March 30, 2007, Alex Koehne died at Stony Brook Hospital. Although bacterial cultures of Koehne’s cerebral spinal fluid were found to be negative, the doctors at Stony Brook Hospital diagnosed his cause of death as bacterial meningitis. Koehne’s parents requested that their son’s organs be donated, and his liver was transplanted into the plaintiff’s decedent at NYU Medical Center.
A month after his death, an autopsy revealed that Koehne had actually died as a result of T-cell lymphoma. The plaintiff s decedent contracted the cancer and died as a result. The plaintiff commenced this action to recover damages for medical malpractice and wrongful death.
The Supreme Court should have denied the motion of the defendants NYU Medical Center and NYU School of Medicine (hereinafter together the NYU defendants) for summary judgment dismissing the complaint insofar as asserted against them.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.