Hidy v. State
| Decision Date | 16 May 1957 |
| Citation | 3 N.Y.2d 756,163 N.Y.S.2d 985 |
| Parties | , 143 N.E.2d 528 Dorothea G. HIDY, as Administratrix of Goods, Chattels and Credits of George Arnold Hidy, Deceased, Appellant, v. STATE of New York, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department, 2 A.D.2d 644, 151 N.Y.S.2d 621.
Administratrix brought action against the State of New York for conscious pain and suffering and death of hospital patient who died as result of transfusion of pooled blood plasma, which had been distributed by the State.
The Court of Claims, Bernard Ryan, J., 207 Misc. 207, 137 N.Y.S.2d 334, entered judgment adverse to the administratrix and held that the State, acting as distributor of pooled unirradiated blood plasma, was not liable where a physician at hospital administered to patient plasma transfusion from which patient developed homologous serum jaundice and died, and the administratrix appealed.
The Appellate Division, 139 N.Y.S.2d 298, granted motion to appeal on handwritten record and briefs.
The Appellate Division, 2 A.D.2d 644, 151 N.Y.S.2d 621, affirmed the judgment.
The Appellate Division, 2 A.D.2d 829, 156 N.Y.S.2d 978, denied motion for leave to appeal to the Court of Appeals.
The administratrix appealed to the Court of Appeals and made a motion in the Court of Appeals for leave to prosecute appeal was a poor person and for assignment of counsel.
The Court of Appeals, 2 N.Y.2d 830, 159 N.Y.S.2d 964, granted motion for leave to prosecute appeal as a poor person and for assignment of counsel and assigned Salem G. Mansour, Esq., of Niagara Falls, New York, as counsel for the administratrix on the appeal.
The State of New York contended in the Court of Appeals that it could not be held responsible, as a matter of law, for the death of the patient.
Nathaniel L. Goldstein, Atty.Gen. , for respondent.
Judgment affirmed.
All concur.
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