Decision Upheld in Denying Hospital’s Motion to Dismiss in a Wrongful Death Case

In Joyner v. Ortiz, Superior Court of New Jersey, Appellate Division, Docket No. A-2264-12 (July 8, 2013), the appellate panel held, despite plaintiff’s failure to name a defendant hospital within the two year time statute of limitations, the case could proceed against the hospital named in the amended complaint, as the wrongful death complaint was timely […]

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A More Precise Expertise Needed for Plaintiff’s Medical Malpractice Matters

What does it take to provide expert testimony in med-mal cases? In Nicholas v. Mynster, 213 N.J. 463(2013), the plaintiff became ill after being exposed to carbon monoxide fumes from a gas-powered saw. As a result of the exposure and his subsequent medical treatment, the plaintiff suffered brain damage, among other injuries and sued the […]

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FDA Warnings: Serious Complications Associated with Transvaginal Placement of Surgical Mesh

The FDA has released public health notifications due to serious complications associated with transvaginal placement of surgical mesh. Transvaginal placement of surgical mesh to repair pelvic organ prolapse (“POP”) and Stress Urinary Incontinence (“SUI”) has led to rare but serious complications that have life altering consequences. Over the past several years, the Food and Drug […]

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Nurse in Mesh Complication Action Speaks Out

Can you imagine undergoing surgery to change your life for the better, but realize the product surgically implanted placed you in a prison of pain? The plaintiff, Linda Gross, a nurse from South Dakota, represented by the law firm Mazie, Slater, Katz & Freeman, sued and won a trial verdict of $11.1 million against the […]

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Juror Contamination to Plaintiff’s Benefit

Can a juror’s mind be so committed to one side that the juror corrupts the deliberations of the other jurors? This was the scenario presented in a per curiam decision of the Appellate Division favoring plaintiff in Vecchiola v. Bloom, Superior Court of New Jersey, Appellate Division, Docket No.: A-1331-11T4. In this case, plaintiff, Vecchiola […]

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What Are the Elements to Sustain A Cause of Action for Your Med. Mal. Case?

Medical Malpractice in New Jersey Even where the defense is mostly not negligent, plaintiff can walk away with satisfaction if the ultimate harm can be apportioned.  Mr. Koseoglu became ill in September, 2007 and he complained that he had a fever and felt tired.  Three days later, his exhaustion persisted and his temperature reached 103.6 […]

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