LORRAINE M. COLAROSSI, ETC., plf-res, v. C.R. BARD, INC., defap, MICHAEL F. KERIN, M.D., defres, NEW YORK-PRESBYTERIAN HEALTHCARE SYSTEM def

11431. LORRAINE M. COLAROSSI, ETC., plf-res, v. C.R. BARD, INC., defap, MICHAEL F. KERIN, M.D., defres, NEW YORK-PRESBYTERIAN HEALTHCARE SYSTEM def — Segal McCambridge Singer & Mahoney, LTD., New York (Annette G. Hasapidis of counsel), for ap — Gurfein Douglas LLP, New York (Amy Ngai of counsel), for Lorraine M. Colarossi, res — Vout, Lohrfink, Magro & McAndrew, LLP, White Plain (Brian D. Meisner of counsel), for Michael F. Kerin, M.D., res — Order, Supreme Court, New York County (Joan B. Lobis, J.), entered September 6, 2012, to the extent it denied defendant C.R. Bard, Inc.'s motion for summary judgment dismissing the negligence, strict products liability, and breach of implied warranty causes of action premised on a failure to warn, unanimously modified, on the law, to grant the motion to the extent the claims are premised on a failure to warn anyone other than the surgeon, and otherwise affirmed, without costs.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

11431. LORRAINE M. COLAROSSI, ETC., plf-res, v. C.R. BARD, INC., defap, MICHAEL F. KERIN, M.D., defres, NEW YORK-PRESBYTERIAN HEALTHCARE SYSTEM def — Segal McCambridge Singer & Mahoney, LTD., New York (Annette G. Hasapidis of counsel), for ap — Gurfein Douglas LLP, New York (Amy Ngai of counsel), for Lorraine M. Colarossi, res — Vout, Lohrfink, Magro & McAndrew, LLP, White Plain (Brian D. Meisner of counsel), for Michael F. Kerin, M.D., res — Order, Supreme Court, New York County (Joan B. Lobis, J.), entered September 6, 2012, to the extent it denied defendant C.R. Bard, Inc.’s motion for summary judgment dismissing the negligence, strict products liability, and breach of implied warranty causes of action premised on a failure to warn, unanimously modified, on the law, to grant the motion to the extent the claims are premised on a failure to warn anyone other than the surgeon, and otherwise affirmed, without costs.

Plaintiff’s decedent was injured when a piece of a port/catheter manufactured by Bard and implanted in her chest broke off and traveled to her heart, where it became lodged. Defendant Michael F. Kerin implanted the port/catheter under the skin of the upper right side of the decedent’s chest on November 5, 2007, to provide vascular access for chemotherapy, and the port/catheter was used to infuse the decedent with chemotherapy on two occasions. On January 7, 2008, after the decedent complained that she felt the port flipping, and a nurse observed that the area above the port was swollen or bulged and that fluid was collecting around the area of the port, Dr. Kerin removed the port/catheter.

LORRAINE M. COLAROSSI, ETC., plf-res, v. C.R. BARD, INC., defap, MICHAEL F. KERIN, M.D., defres, NEW YORK-PRESBYTERIAN HEALTHCARE SYSTEM def

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal