Motion to Dismiss Granted

HPM&B was recently granted dismissal of all claims brought against its client, a major hospital system in New York.  Plaintiff, who brought the action on behalf of her decedent-husband, asserted claims sounding in medical malpractice and wrongful life.  The essence of plaintiff’s claim was that her husband’s Do Not Resuscitate Order was not followed, which resulted in unwanted resuscitation, intubation, and three additional days of life.  HPM&B filed a motion to dismiss plaintiff’s Complaint for failure to state a cause of action.  Defendants cited Appellate Division case law indicating that an action for wrongful life is not legally cognizable in the State of New York, and that the status of being alive does not constitute an injury.  In finding for the defendants, the Court agreed that plaintiff’s Complaint and Bill of Particulars clearly reflected that the sole claim in this action related to wrongful life, which is not a recognized cause of action in New York.  Therefore, the court dismissed the case in its entirety including all derivative claims.