CAREY v. LOVETT


132 N.J. 44 (1993)

622 A.2d 1279

JOANN CAREY, INDIVIDUALLY; GREGORY CAREY, INDIVIDUALLY; JOANN CAREY AND GREGORY CAREY, AS GENERAL ADMINISTRATORS AND ADMINISTRATORS AD PROSEQUENDUM FOR THE ESTATE OF AMANDA CAREY, DECEASED; ANNETTE CAREY, INDIVIDUALLY; AND GREGORY CAREY, AS HUSBAND OF JOANN CAREY, PLAINTIFFS-APPELLANTS, v. WILLIAM E. LOVETT, JR., M.D.; JOHN H. OSLER III, M.D., P.A.; AND JOHN H. OSLER III, M.D., DEFENDANTS-RESPONDENTS, AND ROBERT H. GERARD, M.D.; MEENA PATHIKONDA, M.D.; JOHN DOE (UNKNOWN PHYSICIAN OR PHYSICIANS UNDER WHOSE CONTROL THE PLAINTIFF JOANN CAREY WAS ON OCTOBER 11, 1983); WEST JERSEY HEALTH SYSTEMS, A/K/A WEST JERSEY HOSPITAL — EASTERN DIVISION, VOORHEES, NEW JERSEY; BARRY BROWN, PRESIDENT OF WEST JERSEY HOSPITAL SYSTEMS; THOMAS L. SCOTT, EXECUTIVE DIRECTOR OF WEST JERSEY HOSPITAL SYSTEMS — EASTERN DIVISION; THEODORE J. DECONNA, M.D., CHAIRMAN OF O.B./GYN DEPARTMENT OF WEST JERSEY HOSPITAL — EASTERN DIVISION; JOHN A. MARCHESANI, M.D., CHAIRMAN, PEDIATRIC DEPARTMENT OF WEST JERSEY HOSPITAL SYSTEMS — EASTERN DIVISION; JANE DOE (UNKNOWN DIRECTOR OF NURSES OF WEST JERSEY HOSPITAL, EASTERN DIVISION); THERESA LYLE, ASSISTANT DIRECTOR OF NURSES OF WEST JERSEY HOSPITAL — EASTERN DIVISION; THOMAN, R.N.; SOFIA ROACHE, R.N.; MARJORIE LEVINS, L.P.N.; S. COLLINS, R.N.; L. COLLINS, A/K/A (L); LILLIAN LIMIEDOR, R.N., A/K/A (L); MARY LOUISE HACH, R.N.; MARIA GREEN, L.P.G.; JOANN CARTER, R.N.; BARBARA GREEN, R.N.; JUDY WITT, R.N.; P. CARNUCCIO, L.P.N.; NURSE DOE (AN UNKNOWN NURSE OR NURSES UNDER WHOSE CARE JOANN CAREY WAS ON OCTOBER 11, 1983); JOHN DOE (WITH RESPECT TO THE FETAL MONITORING DEVICE OR DEVICES USED ON JOANN CAREY ON OCTOBER 11, 1983, JOHN DOE(S) IS A FICTITIOUS UNKNOWN MANUFACTURER, WHOLESALER, DISTRIBUTOR, RETAILER, SUPPLIER OF COMPONENT PARTS, DESIGNER, MAINTENANCE COMPANY, AND/OR A SUCCESSOR ENTITY OF ANY ONE OR MORE OF THE AFOREDESCRIBED); JOHN DOE(S) (EMPLOYEE OF WEST JERSEY HOSPITAL IN CHARGE OF SAID FETAL MONITORING DEVICE(S)), DEFENDANTS.

The Supreme Court of New Jersey.

Decided April 6, 1993.


Attorney(s) appearing for the Case

Vincent J. Ciecka argued the cause for appellants (Mr. Ciecka, attorney; Mr. Ciecka and Janice Venables, on the briefs).

Stanley P. Stahl argued the cause for respondent William E. Lovett, Jr., M.D. (Mr. Stahl, attorney; Mr. Stahl and Sharon K. Galpern, on the brief).

Joel B. Korin argued the cause for respondents John H. Osler, III, M.D., P.A. and John H. Osler, M.D. (George & Korin, attorneys; Mr. Korin and Dale Verfaillie Chant, on the brief).

Samuel Merovitz, Jeffry A. Mintz, and Janet Law submitted a brief on behalf of amicus curiae Association of Trial Lawyers of America-New Jersey (Mintz & Merovitz, attorneys).

David S. Stone submitted a brief on behalf of amicus curiae Medical Society of New Jersey (Stern & Greenberg, attorneys).


The opinion of the Court was delivered by POLLOCK, J.

Once again we are summoned to respond to a family tort arising from an alleged act of medical malpractice. The case arises in the inflammatory setting of the tragic loss of a baby due to physician neglect. The issue is whether parents can recover for their emotional distress caused by medical malpractice in the birth and death of their daughter.

Relying on Giardina v. Bennett, 111...

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