New York State Court of Claims

New York State Court of Claims

HUSSAIN v. THE STATE OF NEW YORK, #2009-033-354, Claim No. 113827, Motion No. M-76705


Synopsis



Case Information

UID:
2009-033-354
Claimant(s):
ERUM HUSSAIN, INDIVIDUALLY AND AS THE ADMINISTRATRIX OF THE ESTATE OF MUSHTAQ HUSSAIN
Claimant short name:
HUSSAIN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113827
Motion number(s):
M-76705
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Barton, Barton & Plotkin, LLP
Defendant’s attorney:
Andrew M. Cuomo, New York State Attorney GeneralBy: Felicia G. Notaro, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
September 21, 2009
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a claim for injuries sustained by Erum Hussain (hereinafter “claimant”), Individually and as the Administratrix of the Estate of Mushtaq Hussain (hereinafter “decedent”) due to the alleged medical malpractice of the State University Hospital at Stony Brook, Stony Brook, New York (hereinafter “defendant”) between April 26, 2006 and May 30, 2006.


According to the claim, decedent, who was legally blind, drank from a bottle of betadine left by a nurse on his bed tray. Decedent mistook the betadine for a ginger ale he had been drinking. It is alleged decedent spit out the betadine when he realized it was not ginger ale. Decedent died thirty days after consuming the betadine. Claimant alleges the consumption of betadine hastened decedent’s death.

Defendant moves for summary judgment[1]. Defendant’s expert argues the consumption of the negligible amount of betadine by decedent had nothing to do with his death. Decedent had numerous other conditions which caused his death.

Claimant has not submitted any opposition to defendant’s motion.

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



September 21, 2009
Hauppauge, New York

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




[1].The following papers were read and considered on defendant’s motion: Notice of Motion dated May 13, 2009 and filed May 14, 2009; Affirmation in Support of Motion to Dismiss and Summary Judgment Motion of Felicia G. Notaro, Esq. with annexed Exhibits A- J dated May 13, 2009 and filed May 14, 2009; Expert Affidavit of Bruce Frederick Farber, M.D. sworn to April 22, 2009 and filed May 14, 2009.