The recent decision by the New York Supreme Court Appellate Division in J.H. v. New York City Health and Hospitals Corporation, 169 A.D.3d 880 (NY App. Div. 2019) answers the question of whether a plaintiff can serve late notice of a claim upon a hospital operator. At issue specifically in J.H. is whether or not a plaintiff, when there is actual knowledge and an absence of prejudice on part of the defendant, can be granted leave to serve late notice of a claim despite lacking a reasonable excuse.
New York Law
Under New York’s General Municipal Law § 50–e[1][a], service of a notice of claim is a condition precedent to bringing suit against a public corporation and requires that the notice is served within 90 days after the claim accrues. Unless leave of court is made, late service of original notice of claim is a nullity. Additionally, after the statute of limitations has run courts lack the authority to deem that late notice of claim timely served nunc pro tunc. The statute of limitations under General Municipal Law § 50–e[1][a] provides that the limitation period for commencing a tort action against a municipal corporation is one year and 90 days, however, in cases such as J.H., the statute of limitations does not expire after one year and 90 days because a plaintiffs infancy tolls the statute of limitations for 10 years.
The attorney described the midwife as “stubborn” and “incompetent.” He also argued that the woman had no nursing or medical credentials and that the mother should have been transferred to a hospital. Instead of being transferred, the baby suffered brain injuries as a result of the botched delivery and died after three days. The attorney also noted that the baby was healthy, but that the delivery resulted in complications.
Throughout his young life, Gallegos overcame significant adversity due to his condition. He learned to walk at 2 years old, with the assistance of a walker. However, physical therapy helped improve his stride well enough that he did not need it by the time he reached Kindergarten. Gallegos initially wanted to join his high school’s football team, but his father Brent persuaded him to join the cross country team instead. Brent and Justin spoke to his high school’s cross country coaches Darren James and Larry David about possibly joining the team. Brent assured both coaches that their son could run three miles needed for a cross-country race, and Justin would have a strong work ethic.
ZHP-manufactured Valsartan could be found in various countries throughout the world. The relatively low manufacturing costs in China made it attractive for countries such as the United States to import it. While these generic drugs may be cheaper to make in China, there are fewer regulations that ensure these drugs are safely manufactured. This is the tradeoff that you get when buying some generic drug imports. As a result of the discovery of NDMA in ZHP-manufactured valsartan, the European Union, Taiwan, Canada, the United States, and South Korea announced successive 
Near-infrared spectroscopy (NIRS) is a spectroscopic method that uses the near-infrared region of the electromagnetic spectrum. There are many different applications of NIRS which include astronomical spectroscopy, agricultural, pharmaceutical, and neonatal research.