N.Y. Appellate Court Upholds Dismissal of Claims Against Medical Providers in Dilantin Case

  • Order

NEW YORK — A New York appellate court has upheld dismissal of medical malpractice claims asserted against New Jersey medical providers for lack of jurisdiction, ruling that the defendants did not have the requisite contacts with New York.

In a May 20 order, the New York Appellate Division, 2nd Department, explained that the medical providers’ contacts were with the plaintiff, a resident of New York, but not with New York itself, therefore jurisdiction is lacking.

Sobeida Castro was hospitalized in New Jersey on Jan. 1, 2013, following a car accident. She was prescribed Pfizer’s anti-seizure drug Dilantin (phenytoin), and the …

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