McQUAID v. BURLINGTON COUNTY MEMORIAL HOSP.


212 N.J. Super. 472 (1986)

515 A.2d 796

ELIZABETH MCQUAID, EXECUTRIX OF THE ESTATE OF JOSEPH T. MCQUAID, DECEASED, PLAINTIFF-APPELLANT, v. BURLINGTON COUNTY MEMORIAL HOSPITAL, HERBERT M. EPSTEIN, M.D., ELMER PASIMIO, M.D., RUTH L. RIZZO, M.D. AND AMERICAN HOME PRODUCTS CORPORATION, AYERST LABORATORIES, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 12, 1986.


Attorney(s) appearing for the Case

Gary D. Ginsberg argued the cause for appellant (Nathan A. Friedman, attorney; Gary D. Ginsberg, on the brief).

John R. Orlovsky argued the cause for respondents Herbert M. Epstein, M.D. and Elmer Pasimio, M.D. (Orlovsky, Grasso & Orlovsky, attorneys; John R. Orlovsky on the brief).

John H. Osorio argued the cause for respondent Ruth L. Rizzo, M.D. (Montano, Summers, Mullen, Manuel & Owens, attorneys; Arthur Montano, on the brief).

Anita Hotchkiss argued the cause for respondent Ayerst Laboratories (Porzio, Bromberg & Newman, attorneys; Anita Hotchkiss, of counsel and on the brief).

Before Judges DREIER, BILDER and GRUCCIO.


BILDER, J.A.D.

This is a medical malpractice, drug product liability action arising out of the use of halothane anesthesia during the performance of an operation on plaintiff's decedent. Named as defendants were the decedent's surgeon, Dr. Epstein; the anesthesiologist, Dr. Pasimio; Dr. Rizzo, a resident who took the decedent's pre-surgical history; Ayerst Laboratories, the manufacturer of the halothane; and Burlington County Memorial Hospital. The claim against the...

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