New York State Court of Claims

New York State Court of Claims

SANABRIA v. STATE UNIVERSITY OF NEW YORK DOWNSTATE, MEDICAL CENTER, UNIVERSITY HOSPITAL OF BROOKLYN, #2004-016-021, Claim No. 108477, Motion No. M-67794


Synopsis


Case Information

UID:
2004-016-021
Claimant(s):
JOSEPH SANABRIA and LISA SANABRIA
Claimant short name:
SANABRIA
Footnote (claimant name) :

Defendant(s):
STATE UNIVERSITY OF NEW YORK DOWNSTATE, MEDICAL CENTER, UNIVERSITY HOSPITAL OF BROOKLYN
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108477
Motion number(s):
M-67794
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Mitchell R. Schrage & Associates By: Jeffrey A. Kaplan, Esq.
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Diana Dykes, Esq., AAG
Third-party defendant's attorney:

Signature date:
May 7, 2004
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is the motion of Joseph and Lisa Sanabria for permission to file a late claim pursuant to §10.6 of the Court of Claims Act (the "Act"). In the proposed claim, it is asserted that:
On or about June 29, 2003, the defendant . . . negligently and improperly performed a procedure upon claimant, Joseph Sanabria to close and remove an Arteriovenous Fistula in claimant's upper right arm. Defendant . . . negligently failed to provide adequate post-operative care, treatment, supervision, testing, and diagnosis . . . including but not limited to, performing an angiogram. Defendant . . . negligently misinformed the claimant of the . . . nature of [his] condition. Defendant . . . negligently failed to appreciate the significance of claimant's post-operative symptoms, including pain, numbness, loss of sensation, discoloration, and gangrene in the claimant's right fingers and right hand. On or about June 29, 2003 the defendant . . . negligently caused the claimant to suffer an infection and high fever by negligently stitching gauze packing into the claimant's chest after a surgery to insert a hemi glide catheter into the Claimant's chest. Defendant . . . negligently failed to notice that the gauze was stitched into the Claimant's chest.


See proposed claim annexed as exhibit B to the December 11, 2003 affirmation of Jeffrey A. Kaplan, Esq. (the "Kaplan Aff.").

Prior to the making of this motion, claimants had served a claim on defendant "[o]n or about October 16, 2003," the content of which is virtually identical to the proposed claim, but for the fact that it is alleged that the surgery occurred on July 25, 2003 and that the gauze was stitched into claimant's wound following a surgery to insert a Hemoglide catheter on July 28, 2003. According to counsel, it was later learned that "[r]ather than accruing on July 25, 2003, the medical malpractice of the Defendant accrued on or about June 29, 2003," thus necessitating this motion. See ¶5 of the Kaplan Aff.

May 7, 2004
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims