Question of Law Presented For Review
8. A concise statement of the question of law presented for review, is as
follows:
Whether a stipulation of settlement in a medical malpractice action which calls for the plaintiffs’ silence about a crime is unenforceable as violative of the First Amendment?
The Question of Law Presented
Merits Review By This Court
9. This question of law merits review because it
provides this Court with the
opportunity to address the pervasive use of Contracts for Silence in medical
malpractice, one of the nation’s leading causes of death.
Background
10. The facts are set forth in detail in the parties’ briefs in the Appellate Division.
11. On October 11, 1994, plaintiffs commenced a wrongful
death action
against defendant and others for the death of
their son, Seth, at defendant Columbia Presbyterian
Hospital on August 27, 1993.
12. On July 8, 1999, there was a purported open court
settlement in which
plaintiffs ostensibly agreed to a settlement in the sum of $500,000. In return,
plaintiffs agreed to never again speak about the case, and to expunge from the
Internet their website entitled "A Death in the Hospital" (http://www.med-malpractice.com).
The website deals extensively with Seth’s death.
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