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A woman whose newborn son died when a nurse allegedly asphyxiated him accidentally has no cause of action for emotional distress, a Manhattan judge has ruled. Two New York Court of Appeals decisions last year created an exception to the prohibition against third-party recovery for emotional distress by allowing mothers to recover for in utero injuries to fetuses. But Supreme Court Justice Eileen Bransten found that those rulings do not extend to post-birth injuries.
March 09, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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