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Verdi v. Ragusa

Appellate Division of the Supreme Court of New York, Second Department
Jul 29, 1996
229 A.D.2d 574 (N.Y. App. Div. 1996)

Opinion

July 29, 1996

Appeal from the Supreme Court, Nassau County (DeMaro, J.).


Ordered that the judgment is affirmed, with costs.

In this action based on medical malpractice and lack of informed consent, the plaintiff Joseph Verdi alleged that he contracted Guillain-Barre Syndrome, a neurological condition, as a result of an influenza vaccination administered by the defendant. We conclude that the Supreme Court properly granted the defendant's motion for judgment as a matter of law at the close of the plaintiffs' case, inasmuch as the plaintiffs failed to offer evidence from which a rational trier of fact could conclude that the vaccination was a proximate cause of Joseph Verdi's injuries (see, Public Health Law § 2805-d; Evans v Holleran, 198 A.D.2d 472; Paul v. Boschenstein, 105 A.D.2d 248; see also, Amsler v. Verrilli, 119 A.D.2d 786). Rosenblatt, J.P., Ritter, Copertino and Joy, JJ., concur.


Summaries of

Verdi v. Ragusa

Appellate Division of the Supreme Court of New York, Second Department
Jul 29, 1996
229 A.D.2d 574 (N.Y. App. Div. 1996)
Case details for

Verdi v. Ragusa

Case Details

Full title:JOSEPH VERDI et al., Appellants, v. MARIO A. RAGUSA, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 29, 1996

Citations

229 A.D.2d 574 (N.Y. App. Div. 1996)
646 N.Y.S.2d 284

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Verdi v. Ragusa

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