Michael B. Zerres Obtains Reversal of Lower Court Ruling That NJ Malpractice Defendant Was Entitled to Pro Tanto Credit for Out-of-State Settlement Obtained by Plaintiff – Kranz v. Schuss – A-4918-13T1, Decided August 31, 2016

In a recent published Appellate Division decision, Blume Forte partner Michael B. Zerres obtained a reversal of a lower court decision holding that a medical malpractice defendant was entitled to a pro tanto credit for the full amount of an out-of-state settlement the plaintiff had obtained. In this case, alleging a delay in diagnosing a
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Plaintiff Permitted to Obtain New Affidavit of Merit When It Was Unknown That Original Expert Had Retired – Castello v. Wohler, 2016 WL 3369247 (N.J. App. June 20, 2016)

This is a medical malpractice matter where the plaintiff’s counsel timely served an Affidavit of Merit (“AOM”) and reasonably relied on the AOM and the expert’s curriculum vitae, which erroneously stated that the witness is currently practicing medicine. Plaintiff’s counsel later discovers that error, through no fault of his own, after the 120 day deadline,
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Appellate Division Affirms That a Patient’s Treating Doctor May Testify as to the Cause of an Injury – Rothman v. Cole (A-1838-14T1) Decided July 21, 2016

This is a medical malpractice matter where the defendant is appealing from a final judgment following a jury trial. Plaintiff, a 64-year-old woman who underwent a heart pacemaker implant surgery performed by defendant in 2008, was later advised in 2009 by her long-term treating physician and cardiologist, Dr. Amendo, that the pacemaker wire had been
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Minor Plaintiff Cannot Dismiss a Claim Without Prejudice If Affidavit of Merit Not Timely Filed – A.T. et al. v. Cohen et al., Decided April 27, 2016

In this medical malpractice suit, minor plaintiff’s mother filed this suit individually and on behalf of her daughter asserting medical malpractice claims. The Appellate Court considers whether a minor plaintiff can take a voluntary dismissal without prejudice under Rule 4:37-1(b) to avoid a dismissal with prejudice of her complaint for the failure to provide an
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Testimony of Plaintiff’s Expert May Be Used to Establish “Fault” of Settling Defendant for Purposes of “Young v. Latta” Apportionment – Gatesy v. Perotte and Elliot, et al., Decided April 7, 2016 (A-0360-13T3)

In this medical malpractice action, the plaintiff experienced pain in his neck and difficulty breathing after engaging in playful wrestling the previous evening. The attending emergency physician, Dr. Perotte, applied a hard cervical collar and ordered an x-ray of plaintiff’s cervical spine. A CT scan was then performed, which revealed that plaintiff was experiencing a
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