Case dismissed against orthopedic doctor where $25 million in damages were sought
We obtained dismissal in U.S. District Court, Eastern District of New York on behalf of an orthopedic doctor. A legal representative and health care proxy of the plaintiff-decedent brought an action against the doctor seeking damages for negligent infliction of emotional distress and allegedly violating Jonathan’s Law. That law established procedures for the notification of parents/guardians of incidents affecting the health and well-being of children and certain others. The complaint sought $25 million in compensatory and punitive damages. The court granted Dean’s motion to dismiss for failure to state a claim as there is no authorized private cause of action for a violation of Jonathan’s Law. In addition, the court also granted Dean’s motion as the plaintiff was not within the zone of danger at the time of the alleged injury to the family member.