New York Court of Appeals

Helen Ornstein, Appellant v. New York City Health and Hospitals Corporation, Respondents

February 7, 200810 N.Y.3d 1

Summary

The New York Court of Appeals reversed the Supreme Court judgment and the Appellate Division order that limited the plaintiff's emotional‑distress damages to six months after a needle‑stick HIV exposure. The Court held that the plaintiff presented sufficient prima facie evidence of ongoing post‑traumatic stress disorder beyond six months, and therefore the six‑month limitation was not a matter of law. The case was remanded for a new trial on damages.