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NY Court of Appeals Rules On Subrogation Rights of Health Insurers

Posted by Andrew J. Barovick | Feb 23, 2009 | 0 Comments

In a decision issued today, Fasso v. Doerr , NY Slip Op 01320 (2009),  New York's Court of Appeals addressed an issue that comes up repeatedly in medical malpractice and personal injury actions.  Can the plaintiff and the defendant come to a settlement agreement that extinguishes the insurer's subrogation rights?  The Court's answer?  Not without the subrogee's consent.  Click on the link for the full text of the decision.

About the Author

Andrew J. Barovick

Mr. Barovick is a graduate of Columbia College and Cardozo School of Law. He began his legal career at the Queens District Attorney’s Office, where he tried over 20 felonies to verdict, and argued an equal number of appeals before the Appellate Division, Second Department, the New York Court of Appeals and the United States Court of Appeals for the Second Circuit.


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$7.9 million dollars for infant client who suffered severe brain injuries due to post- delivery medical malpractice.

$500,000 wrongful death/medical malpractice settlement on behalf of patient brought to hospital emergency room with serious injuries who suffered complications while unmonitored and died.

$425,000 wrongful death/medical malpractice settlement during trial on behalf of senior hospital patient whose surgeon failed to timely address her worsening symptoms, resulting in her death.

$250,000 to young man whose physician failed to diagnose an impending torsion testicle, causing the loss of the affected testicle.

$200,000 to young mother whose OB/GYN failed to timely diagnose and treat her ectopic pregnancy, resulting in excruciating, long-term pain and the need for surgery to address the ectopic pregnancy once it was diagnosed.