MICHELMAN v. EHRLICH


311 N.J. Super. 57 (1998)

STANLEY MICHELMAN, PLAINTIFF-APPELLANT, v. PAUL EHRLICH, M.D., EHRLICH & GOLDFARB, P.A., ROCHE BIOMEDICAL LABORATORIES, AND MAYO MEDICAL LABORATORIES, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 6, 1998.


Attorney(s) appearing for the Case

Bruce H. Nagel, argued the cause for appellant (Nagel Rice & Dreifuss, attorneys; Mr. Nagel, of counsel and on the brief; Robert H. Solomon, on the brief).

Mary Elizabeth Gazi, argued the cause for respondents Paul Ehrlich, M.D. and Ehrlich & Goldfarb, P.A. (Thomas B. Leyhane, attorney; Ms. Gazi, on the brief).

Phillip J. Duffy, argued the cause for respondent Roche Biomedical Laboratories (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Duffy and Mark S. Sidoti, on the brief).

Frank Fazio, argued the cause for respondent Mayo Medical Laboratories (Porzio, Bromberg & Newman, attorneys; D. Jeffrey Campbell, of counsel; Mr. Fazio, of counsel and on the brief).

Before Judges KEEFE, PAUL G. LEVY and WECKER.


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

The issue to be decided is whether plaintiff, Stanley Michelman, may bring an action for his grandson's "wrongful birth."

This case involves a tragic incident in which plaintiff's grandson, Evan Ungerleider, was born afflicted with Tay-Sachs disease, a neurological disease that prevents the development of motor skills and is eventually fatal.

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