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.