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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING

Regular Panel Decision

In re Westchester County Medical Center

The dissenting opinion by Justice Brown argues against the majority's presumed decision to discontinue artificial feeding for Mary O’Connor. He contends that there is insufficient "clear and convincing" evidence that O'Connor, while competent, clearly desired to refuse intravenous and nasogastric feeding under her current circumstances. Brown points to the ambiguity in her past statements to a friend and daughters, along with the daughters' initial failure to object to intravenous feeding, as indicators that O'Connor's wishes were not unequivocally expressed regarding these specific life support measures. Citing legal precedents, Justice Brown emphasizes the high evidentiary standard required for such decisions. Consequently, he would reverse the judgment, grant the Medical Center's petition to insert a nasogastric feeding tube, and deny the application to discontinue intravenous feeding.

Right to refuse medical treatmentLife support systemsArtificial hydration and nourishmentClear and convincing evidencePatient autonomyIncompetent patientDissenting opinionMedical ethicsEnd-of-life careNasogastric feeding tube

References

Case No. ADJ9878134

Regular

Oct 12, 2018

Brian Gault vs. Americana Vacation Clubs, Inc.

This case concerns an applicant who suffered a knee injury that led to a chronic infection requiring lifelong antibiotic treatment. The Workers' Compensation Appeals Board granted reconsideration to correct the permanent disability rate and found the applicant's condition to be an "insidious, progressive disease." Therefore, they awarded an interim permanent disability rating with jurisdiction reserved to award additional benefits due to the likely future complications from the antibiotic therapy. The Board also deferred the penalty for delayed indemnity payment pending the final resolution of permanent disability.

Workers Compensation Appeals BoardAmericana Vacation ClubsInc.Republic Underwriters Insurance CompanyBrian GaultApril 142014right kneeinternal body systemsinfection

References

Case No. MISSING

Regular Panel Decision

Natural Resources Defense Council v. United States Food & Drug Administration

This Memorandum and Order addresses several motions in a case brought by environmental and public interest groups against the U.S. Food and Drug Administration (FDA). The plaintiffs sought to compel the FDA to initiate proceedings to withdraw approval of certain antibiotics used non-therapeutically in livestock. The court, presided over by Magistrate Judge James C. Francis IV, granted in part the plaintiffs' motion to strike certain documents, adopted the Government's proposed schedule for complying with a previous order, and denied the Government's motion for a stay pending appeal. The judge found the FDA's decades-long delay in fulfilling its statutory duty to be unreasonable, justifying the imposition of a compliance timetable.

Antibiotic ResistanceAnimal Feed RegulationFDA EnforcementAdministrative Procedure ActFood, Drug, and Cosmetic ActMandamusJudicial ReviewStay Pending AppealSummary JudgmentPublic Health

References

Case No. CV-24-0652

Regular Panel Decision

May 29, 2025

Matter of Cahill v. New York State Dept. of Mental Hygiene

Claimant Lynn Cahill sustained a work-related knee injury in 1992, which led to a total knee replacement in 2012 and subsequent revision surgeries. In October 2020, she was diagnosed with a periprosthetic infection, managed with antibiotics. Her condition acutely worsened in September 2022, leading her orthopedic surgeon, Dr. Frank Lombardo, to recommend and perform immediate cement spacer surgery on October 4, 2022, due to risks of sepsis and amputation. The employer and carrier disputed liability, arguing the surgery lacked prior authorization. However, the Workers' Compensation Board, affirmed by the Appellate Division, Third Department, ruled that the surgery was performed on an emergency basis, thereby waiving the authorization requirement under Workers' Compensation Law § 13-a (5) and holding the carrier responsible for the costs.

Knee InjuryPeriprosthetic InfectionEmergency Medical CareSurgical AuthorizationAppellate DivisionWorkers' Compensation Board ReviewMedical NecessityChronic InfectionSepsisAmputation Risk

References

Case No. MISSING

Regular Panel Decision

Kurz v. St. Francis Hospital

The defendants moved to preclude plaintiffs' expert testimony on causation or, alternatively, for a pretrial hearing regarding the plaintiff's vision loss. The plaintiff developed visual disturbances shortly after receiving Amiodarone intravenously following cardiac bypass surgery in 2008. Defendants argued a lack of scientific evidence linking short-term Amiodarone use to optic neuropathy, while the plaintiff's expert contended that rapid drug absorption could cause optic disc edema, a known side effect. Furthermore, the plaintiff highlighted medical records where defendant physicians themselves initially attributed the vision loss to the medication. The court, applying the Frye standard, determined that general causation—Amiodarone causing vision loss—is an established medical theory. It further ruled that the specific causation tests from Parker and Cornell, typically applied to toxic tort cases, were not strictly applicable here due to the distinct nature of medical malpractice. Consequently, the court denied the defendants' motion, finding an adequate foundation for the admissibility of the plaintiff's expert testimony, with any disputes regarding specific timing affecting only the weight of the evidence, not its admissibility.

Medical MalpracticeExpert TestimonyCausationAmiodaroneOptic NeuropathyVision LossMotion in LimineFrye StandardParker StandardCornell Standard

References

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In re Westchester County Medical Center

Brian Gault vs. Americana Vacation Clubs, Inc.

Workers Compensation Appeals BoardAmericana Vacation ClubsInc.Republic Underwriters Insurance CompanyBrian GaultApril 142014right kneeinternal body systemsinfection

Natural Resources Defense Council v. United States Food & Drug Administration

Antibiotic ResistanceAnimal Feed RegulationFDA EnforcementAdministrative Procedure ActFood, Drug, and Cosmetic ActMandamusJudicial ReviewStay Pending AppealSummary JudgmentPublic Health

Matter of Cahill v. New York State Dept. of Mental Hygiene

Knee InjuryPeriprosthetic InfectionEmergency Medical CareSurgical AuthorizationAppellate DivisionWorkers' Compensation Board ReviewMedical NecessityChronic InfectionSepsisAmputation Risk

Kurz v. St. Francis Hospital

Medical MalpracticeExpert TestimonyCausationAmiodaroneOptic NeuropathyVision LossMotion in LimineFrye StandardParker StandardCornell Standard