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FOOTE v. ALBANY MED.

No. 1.

16 N.Y.3d 211 (2011)

KRISTI FOOTE et al., Respondents, v. ALBANY MEDICAL CENTER HOSPITAL et al., Appellants, et al., Defendant.

Court of Appeals of New York.

Decided February 15, 2011.

Attorney(s) appearing for the Case

Heidell, Pittoni, Murphy & Bach, LLP, New York City (Daniel S. Ratner and Daryl Paxson of counsel), Petrone & Petrone, P.C., Buffalo, for Birth & Beyond Midwifery Practice of Oneonta, PLLC and another, Maynard, O'Connor, Smith & Catalinotto, LLP, Albany (Robert A. Raush of counsel), for Albany Medical Center Hospital and others and Brown & Tarantino, LLC, White Plains (Katherine W. Dandy of counsel), for Brian S. Evanczyk and another, appellants.

Powers & Santola, LLP, Albany (Michael J. Hutter of counsel), for respondents.

Order affirmed, etc.

OPINION OF THE COURT

CIPARICK, J.

Plaintiffs Kristi Foote and Tim Sheridan are the parents of a child born in August 2003 with Joubert Syndrome, a neurological disorder causing abnormalities in brain development and function and resulting in developmental and behavioral deficits. After the child's birth, plaintiffs commenced this medical malpractice "wrongful birth" action (see Becker v Schwartz,&...

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