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Wednesday, January 21, 2004

APPEAL IN CIVIL-UNION WRONGFUL DEATH CASE: From 365Gay.com

In the first case in the nation that recognized a
couple who entered into a Vermont civil union as spouses outside that state, Lambda Legal today asked an appeals court to uphold an earlier ruling that a gay man in New York is a legal spouse and able to sue St. Vincent's Hospital for medical negligence leading to his longtime partner's death.

The hospital is appealing a lower court ruling last year that found John Langan could sue the hospital over the death of Neal Conrad
Spicehandler. ...

"My world was suddenly and completely shattered," Langan said. "Conrad was the love of my life." ...

When St. Vincent's was unable to satisfactorily explain how the routine surgery turned fatal, Langan and Spicehandler's mother, Ruth, sued St. Vincent's for wrongful death and medical malpractice. ...In his ruling last April, Nassau County Supreme Court Justice John P. Dunne noted that "common-law" spouses from other states are regularly recognized as spouses in New York and said, "[I]t is impossible to justify, under equal protection principles, withholding the same recognition from a union which meets all the requirements of a marriage in New York but for the sexual orientation of its partners."

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