Chanko v. American Broadcasting Companies, Inc.

Facts

Mark Chanko was brought into the emergency room of Defendant New York and Presbyterian Hospital (the Hospital. Chanko had been hit by a car but was otherwise alert and was responding to questions. Defendant Sebastian Schubl was the chief surgical resident at the hospital and was responsible for Chanko’s treatment. While Chanko was being treated, employees of ABC News, a division of Defendant American Broadcasting Companies (ABC), were in the hospital. Defendant ABC’s employees were there with the knowledge and permission of the Defendant Hospital. They were filming a documentary series about medical trauma and professionals who attend to patients with such trauma called N.Y. Med. No one informed Chanko that a camera crew was present or filming and his consent was not obtained for filming or for the crew’s presence. An hour after being at the hospital, Chanko was declared dead by Defendant Schubl. This declaration and Chanko’s treatment were filmed by Defendant ABC. The moment that Defendant Schubl informed Chanko’s family of his death was also recorded without their knowledge.

Nearly year and a half later, the Plaintiff, Anita Chanko, was watching an episode of N.Y. Med. The Plaintiff was the wife of Mark Chanko. While watching the episode, the Plaintiff recognized the scene, heard her husbands voice ask about her, saw her husband on a stretcher, saw him moaning, and also saw him die. In addition, she had to relive the moment Defendant Schubl told her and her family about her husband’s death. This was the first time the Plaintiff was aware of the recording of Chanko’s treatment and death.