The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) overturned two large pelvic mesh verdicts in favor of the plaintiffs in two pelvic mesh product liability lawsuits, stating in its published opinion dated March 2, 2021, “we… Read More
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New Jersey Appellate Court Does Not Allow Expert’s Net Opinion Against Assisted Living Facility
In its decision filed on February 5, 2021, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in an assisted living negligence case that “inspecting a patient’s room at least once per hour may well be… Read More
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New Jersey Appellate Court Affirms No Affidavit Of Merit Needed For Malpractice Claim Involving Unlicensed Employee
The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) stated in its published opinion filed on January 27, 2021, “This appeal presents a discrete yet novel issue, requiring us to determine whether an affidavit of merit (AOM)… Read More
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New Jersey Appellate Court Holds Medical Malpractice Plaintiff Failed To Support Claim For Emotional Distress
In its published opinion dated December 29, 2020, the New Jersey Superior Court Appellate Division (“New Jersey Appellate Court”) held: “plaintiff alleges emotional distress caused by the professional negligence of a surgeon who failed to remove surgical washers from his… Read More
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New Jersey Appellate Court Rules Medical Malpractice Defendants Not Entitled To Offset For Settlement With Original Tortfeasor
In its opinion dated December 3, 2020, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in a case where the decedent had settled with the original tortfeasor for injuries she sustained as a result of… Read More
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Dental Malpractice Claim Alleging Improper Use Of Nitrous Oxide Revived
On November 13, 2020, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) revived a New Jersey dental malpractice case alleging that an endodontist, Ira J. Zohn, DMD (“(Zohn”) and a dental office, Advanced Endodontic Associates (“AEA”),… Read More
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New Jersey Appellate Court Affirms $20M Birth Injury Medical Malpractice Verdict Where Defense Attorney Suffered A Stroke During Trial
The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”), in its opinion dated September 28, 2020, affirmed a New Jersey medical malpractice birth injury verdict in the amount of $20 million, despite the defense attorney having suffered… Read More
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New Jersey Appellate Court Affirms Medical Malpractice Defense Verdict Despite Graphic Photo Shown To Jury Pool
The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in its Per Curiam opinion filed on September 2, 2020 that showing the jury pool a graphic photo of a toddler in the ICU in a medical… Read More
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New Jersey Appellate Court Enforces Arbitration Of Nursing Home Injury Claim
The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”), in its opinion dated March 3, 2020, affirmed the trial court’s order requiring that a New Jersey nursing home injury claim be arbitrated pursuant to an arbitration agreement… Read More
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New Jersey Appellate Court Dismisses Legal Malpractice Case Against Successor Medical Malpractice Lawyer
In a legal malpractice case arising out of a botched medical malpractice case, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) applied the three-step sequential analysis of Beauchamp v. Amedio, 164 N.J. 111, 118 (2000) to… Read More
