On May 28, 2024, the Appellate Division, First Department, issued a Decision and Order in SanMiguel v. Grimaldi, et al., which changed the law for women. Ms. Hasapidis represented the
mother on this appeal.
Previously, New York law did not recognize a claim for emotional distress for women who delivered babies that were born alive as a result of procedures that were performed without the mother's informed consent if the mother did not also sustain a physical injury. However, if the mother delivered a stillborn baby, she could recover for that emotional distress. This inconsistent, illogical, and harsh result has been the law for decades.
In SanMiguel v. Grimaldi, et al., the obstetrician moved to dismiss Ms. SanMiguel's cause of action for lack of informed consent, arguing that, under New York law, she could not recover for her emotional distress because she did not suffer a physical injury; her baby did. The court ruled that a jury should determine whether Ms. SanMiguel consented to that procedure, which was a cause of the infant's death. The obstetrician appealed.
Hasapidis Law Offices successfully handled the appeal and argument. In a twenty-five (25) page Decision and Order issued on May 23, 2024, the Appellate Division, First Department, affirmed the lower court and changed the law. The First Department ruled that a mother can recover for emotional injuries in pursuing her lack of informed consent claim even without an independent physical injury.
Video Link: NYS Unified Court System (nycourts.gov)
Ms. Hasapidis' argument begin at 2 hours and 59 minutes into the video.
The following is a list of Ms. Hasapidis' other appellate cases:
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