| Robinson v Bronx-Lebanon Hosp. Ctr. |
| 2014 NY Slip Op 00451 [113 AD3d 545] |
| January 28, 2014 |
| Appellate Division, First Department |
| Robin Robinson, Respondent, v Bronx-LebanonHospital Center, Appellant. |
—[*1] Fitzgerald Law Firm PC, Yonkers (Mitchell L. Gittin of counsel), forrespondent.
Order, Supreme Court, Bronx County (Stanley Green, J.), entered January 14, 2013,which denied the motion of defendant hospital for summary judgment dismissing thecomplaint, unanimously affirmed, without costs.
On October 8, 2008, Koran Robinson was born prematurely at defendant hospitalwith a gestational age of 25 weeks and birth weight of one pound, nine ounces. He hadlow Apgar scores and his respiratory rate was irregular. Koran was intubated andtransferred to the neonatal intensive care unit. Despite treatment and monitoring, heexhibited complications during the early morning of November 6, 2008, and waspronounced dead on the evening of November 7th due to necrotizing enterocolitis(NEC).
The detailed, nonconclusory, factually supported affirmation of defendant's expertestablished prima facie that the hospital did not depart from good and accepted practicein treating Koran before his death (see Foster-Sturrup v Long, 95 AD3d 726, 728 [1st Dept2012]; Callistro vBebbington, 94 AD3d 408 [1st Dept 2012], affd 20 NY3d 945 [2012]).
In opposition, plaintiff raised a triable issue of fact as to whether the hospitaldeparted from good and accepted practice in failing to timely recognize Koran'shyperglycemia and treat him, including performing a sepsis workup, on November 3,2008. Contrary to defendant's contention, the opinion of plaintiff's expert was notconclusory, but was based on Koran's medical records, which showed a spike in hisblood glucose level on November 3, 2008 and high glucose levels on subsequent days(see McManus v Lipton,107 AD3d 463, 464 [1st Dept 2013]; Ashton v D.O.C.S. Continuum Med. Group, 68 AD3d 613[1st Dept 2009]). Further, the expert's opinion that hyperglycemia was a sign of sepsis,which is a sign of NEC, is supported by the deposition testimony of a resident andattending doctor who treated Koran,[*2]and further supports the conclusion that the baby wasdeveloping NEC as early as November 3, 2008.
We have considered defendant's remaining contentions and find them unavailing.Concur—Tom, J.P., Sweeny, DeGrasse, Gische and Clark, JJ.