Garfunkel Wild successfully represented NYU Grossman School of Medicine in a high-profile medical staff litigation, marking the first case in New York state court to require Public Health and Health Planning Council review prior to filing suit alleging discrimination under the New York State Human Rights Law.
In NYU Grossman School of Medicine, John Allendorf, Colin Brathwaite, and Camille Glotzbecker, the plaintiff, a former Chief of Trauma and Acute Care Surgery at NYU Langone, claimed that she was demoted, her privileges were suspended, and her employment was terminated due to racial and gender discrimination. Plaintiff also alleged that the hospital’s report to the National Practitioner Data Bank was defamatory.
Garfunkel Wild successfully moved to dismiss the complaint based on the plaintiff’s failure to exhaust her administrative remedies with the Public Health and Health Planning Council pursuant to Public Health Law §2801-b. The New York Supreme Court granted the motion, and also dismissed the defamation claim, ruling that the Data Bank report constituted non-actionable opinion.
NYU Grossman School of Medicine is represented by Garfunkel Wild’s Leonard Rosenberg and Harpreet Kaur.