Z.L. v. Mount Sinai Hosp.
Docket: Index No. 805660/15 Appeal No. 16177 Case No. 2021-04535
Court: Appellate Division of the Supreme Court of the State of New York; June 23, 2022; New York; State Appellate Court
Original Court Document: View Document
Z.L., an infant represented by guardian Alexander Levy, filed a lawsuit against Mount Sinai Hospital and other defendants, alleging negligence related to her mother's treatment for epilepsy with valproic acid (VPA). The mother, unaware of her pregnancy while taking VPA, discontinued the medication upon learning she was pregnant. The infant was subsequently born with spina bifida and sought to hold the defendants liable. The Supreme Court of New York County, led by Justice George J. Silver, denied the defendants' motion for summary judgment to dismiss the case. However, upon appeal, the Appellate Division, First Department, reversed this decision, granting the defendants' motion and dismissing the complaint. The court reaffirmed established legal precedents that an infant cannot bring a cause of action for preconception negligence, citing cases such as Albala v. City of New York and Enright v. Eli Lilly Co. Additionally, the infant's claims regarding the defendants' failure to ensure her mother was using birth control and monitoring her pregnancy while on VPA were classified as "wrongful life" claims, for which no cause of action exists. The court also evaluated and dismissed other arguments raised by the plaintiff, including the relevance of the continuous treatment doctrine. The decision concluded with instructions for the Clerk to enter judgment in favor of the defendants.