Gagliardotto v. Huntington Hosp

In Gagliardotto v. Huntington Hosp., 25 A.D.3d 758 (2d Dep't), lv. denied, 7 N.Y.3d 710 (2006) the Second Department affirmed the lower court's determination to allow an expert to testify as to the cause of Erb's Palsy, even though the expert disclosure served by the defendant did not indicate specifically that the expert would testify that an infant's rapid descent during the second stage of delivery could cause Erb's Palsy. The court noted that the statement did disclose that defendant's expert would testify that "maternal expulsive forces" could cause Erb's Palsy. Moreover, as the court noted, the statement further set forth that the expert could be "expected to comment upon any and all testimony adduced at trial" by the plaintiff, and two of the plaintiffs' witnesses offered opinions as to whether or not rapid descent could cause Erb's Palsy. Id.