DISMISSAL OF ALL CLAIMS FOR OUR MID -WIFE ALLEGED BY INFANT PLAINTIFF YET TO BE BORN

Lloyd Cohen

Attorney Lloyd Cohen  obtained dismissal on multiple grounds including res judicata, collateral estoppel and the absence of a physician-patient relationship brought on behalf of infant plaintiff born 19 months after the treatment by our client.  The case involved identical allegations previously brought by the mother for alleged injuries she sustained as a result of the care and treatment of our client, a Nurse-Midwife. The prior action was litigated by Lloyd Cohen and Max Gaujean resulting in a defense verdict.  In the second action, it was claimed that the identical treatment by our client to the mother resulted in the infant plaintiff’s premature birth and permanent injuries including developmental delays and a learning disability. The court rejected plaintiff’s argument that a duty of care was owed to the infant-plaintiff and further held the action was barred by res judicata and collateral estoppel.