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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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)

By Michael Zerres

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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