In Beck v. Westchester County Health Care Corp., plaintiff underwent a surgical procedure at defendant’s medical center when she alleges to have contracted the Hepatitis C virus.

At trial, plaintiff, who prior to the procedure tested negative for Hepatitis C, presented testimonial evidence that eight weeks after the procedure, she was diagnosed with the same Hepatitis C virus as the patient who immediately preceded her in the same operating room. Plaintiff also presented testimonial evidence that the incubation period for the disease coincided with the date of her injuries and that the amount and disposal of the narcotic administered by syringe on the previous patient. The jury found that the defendant medical center acted within good and accepted standards of care and treatment with respect to plaintiff.

Plaintiff appealed the jury’s verdict. The court granted plaintiff’s motion to set aside the jury verdict and granted a new trial. The court found that the verdict was contrary to the weight of the evidence, which was in favor of plaintiff. Defendant’s appeal of the court’s decision was denied.

Thanks to Katusia Lundi for her contribution to this post.

http://www.nycourts.gov/reporter/3dseries/2010/2010_03051.htm