The New York Supreme Court action is being taken by the husband and two sons of Kay Cregan, 42, from Croom, Co Limerick, who died following a facelift carried out Dr Michael Sachs in March 2005.
A spokeswoman for New York lawyer Thomas Moore, who is suing on behalf of Ms Cregan’s husband, Liam and their two young sons, said last night that a trial date could be set that day.
The case was first brought to court in February 2008 when Judge Sheila Abdus-Salaam set September 15, 2008, for the commencement of proceedings against Dr Sachs.
Last May, the court ruled that the Cregans can also sue Dr Madhavrao Subbarao, a certified anaesthesiologist. In February 2008, Dr Subbarao succeeded in having the case against him thrown out. But last May Waterford-born lawyer Thomas Moore won an appeal and the case against Dr Subbarao was reinstated.
Following that ruling, Mr Moore said: “Finally Mr Cregan and his sons, Brian and Eoghan, will get their day in court against all the responsible parties.”
Ms Cregan, who was a senior official with Limerick City Council, died on March 17, 2005, three days after undergoing a facelift at the Manhattan clinic of Dr Sachs located at Central Park South.
Shortly after the operation Ms Cregan collapsed and was rushed to the nearby St Luke’s Roosevelt Hospital where she was placed on a life-support machine. Ms Cregan had suffered a cardiac arrest in the recovery room of the clinic.
The jury will have to decide on two central issues, negligence and medical malpractice, and what damages are to be awarded.
After Ms Cregan’s death, it emerged that Dr Sachs had settled 33 malpractice suits since 1995. He was struck off by the New York health authorities in March 2008.