New York State Court of Claims

New York State Court of Claims

BOOLES v. THE STATE OF NEW YORK, #2004-033-085, Claim No. 106340, Motion No. M-69027


Synopsis



Case Information

UID:
2004-033-085
Claimant(s):
MONA BOOLES and ALEXANDER BOOLES
Claimant short name:
BOOLES
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106340
Motion number(s):
M-69027
Cross-motion number(s):

Judge:
JAMES J. LACK
Claimant's attorney:
Dell & Little, LLP
Defendant's attorney:
Eliot Spitzer, New York State Attorney GeneralBy: Joseph Paterno, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 29, 2004
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a claim for injuries sustained by Mona Booles (hereinafter "claimant") due to the alleged medical malpractice of the State University Hospital at Stony Brook (hereinafter "defendant") on December 9, 1999. The claim of Alexander Booles is derivative in nature.
According to the claim, claimant underwent mitral valve replacement surgery on December 9, 1999. The claim alleges that a foreign body was left in claimant after the surgery was complete. Defendant moves for summary judgment[1]. Defendant argues that a foreign body was not left in claimant, rather wires were left protruding from claimant as part of the procedure in the event that an external pacemaker was necessary after the surgery. According to defendant's expert, this is good and accepted medical practice. The expert further opines that when it is determined that an external pacemaker is not necessary, then the wires are clipped even with the skin rather than removed. According to defendant's papers, this is the procedure that was followed in this case.

Claimants have not submitted any opposition to defendant's motion.

Based on the foregoing, defendant's motion for summary judgment is granted without opposition.

The Clerk of the Court is directed to close the file.


November 29, 2004
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[1]The following papers have been read and considered on defendant's motion for summary judgment: Notice of Motion for Summary Judgment dated August 27, 2004 and filed September 2, 2004; Affirmation in Support of Joseph L. Paterno, Esq. with annexed Exhibits A-E dated August 27, 2004 and filed September 2, 2004; Affirmation of Alfred E. Culliford, III, M.D. dated August 13, 2004 and filed September 2, 2004.