SKETCHES OF COURT: Multiple hospitals involved in infant negligence suit
In this courtroom sketch, Hon. Ellen Spodek listens as defense attorney Ralph Valitutti (standing, right), of the law firm Kitch Drutchas Wagner Valitutti & Sherbrook, makes an objection while plaintiff’s attorney Jim Wilkens (standing, left), of the law firm Duffy & Duffy, questions a witness in the medical malpractice trial Crystal Y. Chen, an infant by her mother and natural guardian, Crystal Chen; and Crystal Chen, individually vs. Michael Marcus, M.D., Peter Silver, M.D., Schneider Children’s Hospital of Long Island Jewish Medical Center, Millicent Mitchell, M.D., and Blythedale Children’s Hospital. Seated at right is defense attorney Wayne Rabinowitz of the law firm Wilson, Elser, Moskowitz, Edelman. Court reporter Nancy Messano transcribes the proceedings.
The case involves a claim of negligence that pitted the hospitals against each other over the issue of when the 1-year-old plaintiff in 1999 should have been transferred from one facility to the other to avoid suffering hypoxic-ischemic encephalopathy, a severe and lasting brain injury related to oxygen deprivation. The complicated trial saw more than a dozen witnesses give testimony over the course of six weeks. The case settled out of court last week following summation arguments in Kings County Civil Term.
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