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McELROY v. ALBANY MEMORIAL HOSP.

No. 1:01 CV 1130 LEK/DRH.

332 F.Supp.2d 502 (2004)

Brian W. McELROY and Catherine R. McElroy, his wife, Plaintiffs, v. ALBANY MEMORIAL HOSPITAL, Alan Moskowitz, M.D., Alan Moskowitz, M.D., P.C., d/b/a Center for Scoliosis and Spine Disorders, Donald Calley, M.D., and Marvin Kim, M.D., Defendants.

United States District Court, N.D. New York.

September 2, 2004.

Attorney(s) appearing for the Case

William J. Cade, Cade, Saunders Law Firm, Albany, NY, for Plaintiffs.

Kerriann P. Coleman, O'Connor, Yoquinto Law Firm, Troy, NY, Christine K. Krackeler, D'Agostino, Krackeler Law Firm, Menands, NY, Michael Catalinotto, Sr., Maynard, O'Connor Law Firm, Albany, NY, for Defendant.

MEMORANDUM-DECISION AND ORDER1

KAHN, District Judge.

I. Background

On January 19, 1999, plaintiff Brian McElroy ("McElroy") underwent spinal surgery in the form of posterior lumbar interbody fusion of the spine at L5-S1. McElroy and his wife, Catherine (collectively, "Plaintiffs"), allege that, following the surgery, McElroy, who had never experienced visual impairment, visual loss, or any form of...

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