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SAVAGE v. OLD BRIDGE-SAYREVILLE MEDICAL GROUP

134 N.J. 241 (1993)

633 A.2d 514

SUZANNE SAVAGE (NEE SAMUEL), PLAINTIFF-RESPONDENT, v. OLD BRIDGE-SAYREVILLE MEDICAL GROUP, P.A., AND PRYSTOWSKY MEDICAL GROUP, DEFENDANTS-APPELLANTS, AND JOHN DOE, M.D., # 1-4, (JOHN DOE BEING FICTITIOUS AS TRUE IDENTITY IS UNKNOWN), DEFENDANTS.

The Supreme Court of New Jersey.

Decided November 24, 1993.

Attorney(s) appearing for the Case

Richard J. Hull argued the cause for appellant Old Bridge-Sayreville Medical Group, P.A. (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Michael A. Swimmer and Michelle M. Schott, on the brief).

William S. Mezzomo argued the cause for appellant Prystowsky Medical Group (McDonough, Korn & Eichhorn, attorneys; Jacqueline F. Bunn, of counsel and on the brief).

Richard Galex argued the cause for respondent (Garruto, Galex and Cantor, attorneys).

The opinion of the Court was delivered by O'HERN, J.

This appeal presents a difficult exercise in application of the discovery rule. The case arises, as have several recent cases, from an experience of tooth discoloration due to medical treatment with tetracycline antibiotics in early childhood.

The history and principles underlying the discovery rule have been examined by us on numerous occasions, see, e.g., Vispisiano v. Ashland Chemical Co.,

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