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Traina v. Grello Pediatrics
Citations: 250 A.D.2d 667; 673 N.Y.S.2d 163; 1998 N.Y. App. Div. LEXIS 5502
Court: Appellate Division of the Supreme Court of the State of New York; May 11, 1998; New York; State Appellate Court
In a medical malpractice case, the plaintiffs appealed a Supreme Court order that granted the defendants' motion to strike their supplemental verified bill of particulars, which included claims of reproductive injury due to negligence in diagnosing and treating the infant plaintiff's appendicitis. The plaintiff suffered a ruptured appendix, leading to an abdominal infection that, according to their expert, significantly diminished her chances of conceiving naturally. The lower court deemed this allegation too speculative for compensation. However, the appellate court reversed this decision, citing precedent from LaVista v. Huntington Hospital, which allowed claims for reproductive injuries stemming from misdiagnosed appendicitis. It emphasized that while plaintiffs could not recover for the loss of potential children or companionship, they could seek damages for physical injuries and the associated emotional distress. The appellate court concluded that the lower court erred by striking the plaintiffs' supplemental bill of particulars, thus denying the defendants' motion. The order was reversed with costs, and the motion was denied.