On July 26, 2001, Michael Colombini, age six, was subjected to a tragic accident while undergoing an MRI following brain surgery to remove a tumor. Supplemental oxygen was needed, and the piped-in oxygen was not sufficient. A ferrous oxygen canister was brought into the room, but then left unsupervised. The tank was attracted to the MRI's magnetic field, and struck Michael in the head. He later died of his injuries. The case has now been settled by Westchester Healthcare Corporation on behalf of the remaining defendants for a purported $2.9 million.

The legal history of the case has been complex. In 2001, the New York State Department of Health fined Westchester Medical Center (WMC) $22,000 for failure to ensure patient safety during MRI procedures. WMC was cited for eleven violations of the State Hospital Code, resulting in the maximum $22,000 fine. The Department's investigation determined that WMC failed to implement and maintain necessary policies, practices and safeguards, including the ongoing evaluation of the services and care provided to patients in the MRI suite. The deficiencies included failure to ensure an adequate flow of oxygen through a piped-in system; failure to maintain a safe environment for patients in the MRI procedure room; failure to appropriately store ferrous oxygen canisters safely away from the proximity of the MRI suite; and failure to implement and maintain safeguards to prevent a magnetic object (ferrous oxygen canister) from being introduced into the MRI suite.

Michael's parents brought a lawsuit in 2002 against Westchester County Health Care Corporation, Jian Hou M.D., University Imaging Medical Corporation (UIMC) and Medical Associates, P.C., Valhalla Anesthesia Associates, P.C., New York Medical College, Mary Nadler, R.N., Patricia Lauria, Paul Daniels, General Electric Company (GE), and Terence Matalon, M.D. The causes of action included medical malpractice and emotional distress. The lawsuit was originally asked for $20 million against the hospital and the other parties, including punitive damages.
2003-2009 was a period of pretrial discovery among the litigants and also several motions brought, including for summary judgment in favor of some defendants, to dismiss the case, and for re-argument.

In 2006, an appellate court decision held that defendant nurse Mary Nadler and defendant MRI technicians Patricia Lauria and Paul Daniels were not entitled to summary judgment on the ground that only their employers were the proper defendants. An employer may be vicariously liable under the concept of respondeat superior, if the employee is acting within the scope of employment. However, a claim against the employer does not always preclude a separate claim against the employee. The court also held that punitive damages as asserted against UIMA and its employees Lauria and Daniels was a triable issue of fact. However, punitive damages were not warranted against Valhalla and Dr. Hou. In addition, punitive damages were not warranted against GE (see below). Finally, the cause of action for Michael's father John Colombini for infliction of emotional distress could still go to trial.

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