JACOBSEN v. DARA

Docket No: L-2575-09

62 A.3d 942 (2011)

430 N.J. Super. 190

Roland JACOBSEN and Elaine Jacobsen, his wife, Geraldine Gernert and John Gernert, her husband, Jacqueline Tuttle and James Tuttle, her husband, Robert Agnese, Paula Butterfield, Hele Ciavarella (deceased) and Philip Ciavarella, her husband, Grace Cobb and Harvey Cobb, her husband, Brigida Colella, Edward Colucci and Sophie Colucci, his wife, Arlene D'Agostino and Vito D'Agostino, her husband, Carol Daisy and Steven Daisy, her husband, Maureen Decorso, Patricia Edwards and Robert Edwards, her husband, John Gioia (deceased) and Jean Gioia, his wife, Maureen Godino and Richard Godino, her husband, Debbie Graham and Donald Graham, her husband, Edward Guenther and Gwendolyn Guenther, his wife, Mary Holmes and Michael Holmes, her husband (deceased), Lisa Hummel and Forrest Hummel, her husband, James Lynch, as Executor to the Estate of Jane Lynch, Diana Macintosh and Raymond Fazzi, her husband, Kenneth McCauley and Linda McCauley, his wife, Anita Mekita, Judith Petrucelli and Joseph Petrucelli, her husband, Dominick Riccio (deceased) and Antoinette Riccio, his wife, Theresa Sheehan, Karen Smith and Wayne Giles, her husband, Nancy Stio, Sandra Streifer and Jack Streifer, her husband, Annette Thompson and Mathew Thompson, her husband, Thomas Tuorto and Ann Tuorto, his wife, Judith Waterstradt (deceased), Arlene Krajewski, Patricia Maglione and Anthony Maglione, her husband, Ann Ramistella, as Executrix to the Estate of Louis Ramistella, Paula Leriche and Albert Leriche, her husband, Edward Saparata and Francis Saparata, his wife, Walter Noyes and Josephine Noyes, his wife, Doris Merizio, Carmel Robertson and Delwyn Robertston, her husband, Dorothy Kalivas, as Executrix to the Estate of George Nataline, Dominick Mancini and Angela Mancini, his wife, Gilbert Suarez, Joan Sanchirico and Ronald Sanchirico, her husband, Richard Cole (deceased) and Joan Cole, his wife, Harry J. Haley, Sr., Marsha Brandt, on behalf of Margaret Brandt, Denise Brennan and Richard Mills, her husband, Anthony Acquaviva, David J. Luppke, as Executor to the Estate of David C. Luppke, Mary Hoolahan, Gertrude Reiger, Mary Sharon Moore, Constance M. Clark, Douglas Smith, Gregory Nimetz, Robert Angellella and Deborah Angellella, his wife, Brian Hartmann, as Executor to the Estate of Margaret Hartmann, Ann Delvecchio, Mary Porcellini, as Executrix to the Estate of Robert Porcellini, and Mary Porcellini, Maria Osborne, Maryrose Seavey, Plaintiffs, v. Parvez DARA, M.D.; Parvez Dara, M.D., P.A.; Oncology Associates of Ocean County, LLC; Center for Advanced Radiation Oncology; Barbara P. Schneider, M.D.; Grace Byrnes, R.N., Suzanne Malta, R.N.; Brenda Percey, R.N., Danielle Youmans, L.P.N., Colleen Baier; Felicia Johnson; Dana Friedalla, John Does 1-5; (Fictitious Names of Healthcare Providers Who Participated in the Care of the Plaintiffs During the Time Period While They Were Patients of Parvez Dara, M.D.) and ABC Corporations 1-5 (Fictitious Names of Medical Group, Practice, Entity or Business of Which Any Defendant Was an Employee), Defendants.

Superior Court of New Jersey, Law Division, Ocean County.

Decided September 16, 2011.


Attorney(s) appearing for the Case

Manuel J. Almeida, Jr. for plaintiffs (Rudolph & Kayal PA, attorneys).

Deborah S. Baird for defendants (Eckert Seamans Cherin & Mellott, LLC, attorneys).


GIZINSKI, J.S.C.

BACKGROUND

This is a medical malpractice case commenced by plaintiffs Roland and Elaine Jacobsen on July 9, 2009. Plaintiffs have amended their complaint eight times, adding additional plaintiffs in each amended complaint. With the filing of the eighth amended complaint, the total number of plaintiffs involved in the litigation has reached ninety. This matter, however, is not being tried as a class action.

On April 26, 2011, plaintiffs...

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