Clarification on the Statute of Limitations for “Survival” Claims – Warren v. Muenzen, 448 N.J. Super. 52, (Super. Ct. App. Div. 2016) December 7, 2016

By Michael Zerres

In this case, decedent’s wife filed suit approximately fifteen (15) months after his death alleging that the decedent’s primary care doctor failed to diagnose prostate cancer in 2007, and as a result, he was not diagnosed until October 2009. By that point, the cancer had metastasized to his brain and spine. On September 27, 2011
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Settling Defendant Charge Need Not Always Be Given – Hernandez v. Chekenian, No. L-11038 14, 2016 WL 6024008, (N.J. Super. Ct. Law Div. July 15, 2016)

By Michael Zerres

In a recently published decision, a Trial Court addressed whether it is appropriate to give a settling defendant charge to a jury when the party in question settled prior to trial and was present during trial. The matter involved a three car motor vehicle accident, in which all cars were one behind the other, in
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Vascular Surgeon Not Qualified to Testify Against Family Practitioner Who Performed a Vascular Procedure – Afonso v. Bejjani – A-1623-15T4

By Michael Zerres

In this matter, decided on November 29, 2016, the Appellate Division ruled on yet another malpractice case involving the application of the New Jersey Medical Care Access and Responsibility and Patients First Act (“Patients First Act”), set forth in N.J.S.A. 2A:53A-41, and, held that the plaintiff’s proposed expert testimony was correctly excluded because said expert
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Federally Qualified Health Center Entitled to New Jersey’s Cap on Charitable Immunity for Hospitals – S.M. v. United States of America – CA No. 13-5702, USDC – DNJ

By Michael Zerres

This is a medical malpractice case where the plaintiff alleged that employees of CompleteCare Health Network and Vineland Women’s Health Center, a federally qualified health center, deviated from the standard of care when they failed to timely offer plaintiff proper prenatal screening for Down Syndrome, thereby depriving plaintiff of necessary information to make a fully
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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

By Michael Zerres

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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