Veronica SanMiguel v. Meryl Y. Grimaldi, & c., et al.

Bronx, New York, personal injury lawyer represented the Plaintiff who used on a medical malpractice theory.



Plaintiff Veronica SanMiguel was admitted to defendant St. Barnabas Hospital (St. Barnabas) on July 1, 2012, after she did not go into labor by her due date. She came under the care of defendant Dr. Meryl Y. Grimaldi who, along with St. Barnabas's nursing staff, induced labor. On the morning of July 3, Dr. Grimaldi attempted to deliver the baby via vacuum extraction but was unsuccessful. Dr. Grimaldi subsequently performed an emergency C-section and delivered plaintiff's son alive but in serious condition. He died eight days later, after being transported to the hospital's neonatal intensive care unit and eventually to Montefiore Medical Center, where he was taken off life support.



Plaintiff filed the instant action against Dr. Grimaldi, St. Barnabas, and defendant Julie Crocco, a certified nurse-midwife at St. Barnabas. Plaintiff asserted five causes of action in the operative complaint: (1) medical malpractice on behalf of her son's estate, (2) medical malpractice on her own behalf, (3) lack of informed consent on behalf of her son's estate, (4) lack of informed consent on her own behalf, and (5) loss of her son's services. As to count four, plaintiff sought only emotional damages. As relevant here, Dr. Grimaldi moved for summary judgment dismissing the second and fourth causes of action, relying on Sheppard-Mobley. In response, plaintiff conceded that count two should be dismissed.

Reversed.