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MATTER OF Z.L.

805660/15, Appeal No. 16177, Case No. 2021-04535.

206 A.D.3d 546 (2022)

168 N.Y.S.3d 828

2022 NY Slip Op 04112

Z.L., an Infant, by Her Appointed Guardian Ad Litem, Alexander Levy, Respondent, v. The Mount Sinai Hospital et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 23, 2022.

Attorney(s) appearing for the Case

Heidell, Pittoni, Murphy & Bach, LLP, White Plains (Daniel S. Ratner of counsel), for appellants.

Mischel & Horn, P.C., New York (Scott T. Horn of counsel), for respondent.

Concur—Renwick, J.P., Kern, Kennedy, Mendez, Higgitt, JJ.

Defendants treated the infant plaintiff's mother for epilepsy. To control her seizures, they prescribed valproic acid (VPA), which the mother had been taking for years while under the care of other physicians. Unbeknownst to all, while she was on VPA, the mother conceived the infant plaintiff. Although the VPA was discontinued when the mother learned that she was pregnant, the infant was born with spina bifida, for which she seeks to hold defendants responsible.

It...

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