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Appellate Victory - CG&P Obtains Vindication for Nurse in Emotionally Charged Wrongful Death Case

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Appellate Victory - CG&P Obtains Vindication for Nurse in Emotionally Charged Wrongful Death Case

CG&P has secured the dismissal of a medical malpractice and wrongful death action brought against a registered nurse in the Supreme Court, Richmond County. The plaintiffs’ decedent was a 9 year old boy with autism, allergies and life-threatening asthma who suffered a respiratory distress event while attending the co-defendant school in New Jersey. CG&P’s client was a nurse assigned to accompany the child during school hours so that she could care for his asthma and other medical needs. Plaintiffs alleged that CG&P’s client failed to properly supervise the child and prevent him from being exposed to an unknown allergen. Plaintiffs also alleged that the nurse failed to properly treat emergency anaphylaxis. After the trial court denied summary judgment to the nurse, CG&P appealed to the Appellate Division, Second Department, and obtained a reversal. The Appellate Division agreed with CG&P’s argument that the nurse could not be liable for failing to supervise a child in the custody of the co-defendant school or failing to prevent exposure to an unknown, undetermined allergen. The Second Department also agreed with CG&P’s argument that its client acted appropriately in response to the respiratory distress. The case was handled by CG&P Partner James P. Connors who was assisted on the brief by Associate William Schleifer. The case was featured on the front page of The New York Law Journal on September 23, 2013 and is reported under Begley v. City of New York et. al at 2013 N.Y. Slip Op. 05867.