JOHNSON v. MOUNTAINSIDE HOSP.


239 N.J. Super. 312 (1990)

571 A.2d 318

EDWARD W. JOHNSON, EXECUTOR OF THE LAST WILL AND TESTAMENT OF AURELIA A. JOHNSON, DECEASED, AND EDWARD W. JOHNSON, INDIVIDUALLY, PLAINTIFF-APPELLANT-CROSS-RESPONDENT, v. THE MOUNTAINSIDE HOSPITAL, A CORPORATION, JEFFREY TRAUSE, RESPIRATORY DISEASE ASSOCIATES, JACK H. DADAIN, BARRY J. WEBER, DR. VALLARIO, PURITAN-BENNETT A CORPORATION, AND JOHN DOE MANUFACTURING COMPANY, ROBERT ROE RETAIL COMPANY, ABC REPAIR COMPANY, DEF MAINTENANCE COMPANY AND JANE FLO, DEFENDANTS-RESPONDENTS, AND LOUIS MCDONALD, SUSAN L. SIENKIEWICZ, MARY DOWD, CAROL HOULIDAY LARKIN AND BENJAMIN SAFIRSTEIN, M.D., DEFENDANTS-RESPONDENTS-CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 12, 1990.


Attorney(s) appearing for the Case

Bernard Chazen argued the cause for appellant-cross-respondent (Chazen & Chazen, attorneys; Bernard Chazen, on the brief).

George J. Kenny argued the cause for respondents, The Mountainside Hospital and Jeffrey Trause (Connell, Foley & Geiser, attorneys; Ernest W. Schoellkopff, on the brief).

James P. Richardson argued the cause for respondent-cross-appellant, Louis McDonald (Sellar, Richardson, Stuart & Chisholm, attorneys; James P. Richardson and Joseph P. Vesey, Jr., on the brief).

Thomas H.E. Hallett argued the cause for respondents-cross-appellants, Susan L. Sienkiewicz, Mary Dowd and Carol Houliday Larkin (Reiseman, Mattia & Sharp, attorneys; Thomas H.E. Hallett and Francis A. Nemazie, on the brief).

Marjorie Gilman Baker argued the cause for respondents, Respiratory Disease Associates, P.A., Jack H. Dadain, M.D., Barry J. Weber, M.D. and Frank T. Vallario, M.D. (Dughi and Hewit, attorneys; Marjorie Gilman Baker and Christopher J. Christie, on the brief).

Rowena M. Duran argued the cause for respondent-cross-appellant, Benjamin Safirstein, M.D. (Hurley & Vasios, attorneys; Rowena M. Duran, on the brief).

Before Judges MICHELS, DEIGHAN and BROCHIN.


The opinion of the court was delivered by BROCHIN, J.A.D.

Aurelia A. Johnson suffered from Guillain-Barre Syndrome. She was hospitalized on August 13, 1979 at Mountainside Hospital. Since she had trouble breathing, she was connected to a respirator by a tube connection placed in her trachea. On November 17, 1979, she was accidentally disconnected from the respirator. Serious brain damage resulted which ultimately caused her death.

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