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LYNCH v. SCHEININGER

314 N.J. Super. 318 (1998)

GALE ANN LYNCH AND ROBERT LOUIS LYNCH, HER HUSBAND, AND JOSEPH LYNCH, AN INFANT, BY HIS GUARDIANS AD LITEM, GALE LYNCH AND ROBERT LOUIS LYNCH, INDIVIDUALLY AND PER QUOD, PLAINTIFFS-APPELLANTS, v. LAURENCE M. SCHEININGER, M.D., LAURENCE A. SEITZMAN, M.D., DRS. FINKEL, DRUCKER, SEITZMAN, P.A., AND DRUCKER, SEITZMAN & SCHEININGER, P.A., DEFENDANTS-RESPONDENTS, AND JERROLD S. FINKEL, M.D., THE ESTATE OF JERROLD S. FINKEL, M.D., PAUL DRUCKER, M.D., JOHN F. KENNEDY MEDICAL CENTER AND STEPHEN A. GROCHMAL, M.D., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 7, 1998.

Attorney(s) appearing for the Case

Richard C. Swarbrick, argued the cause for appellants.

Beth A. Hardy, argued the cause for respondent Laurence M. Scheininger, M.D. (Francis & Berry, attorneys; Hugh P. Francis, of counsel; Mr. Francis and Ms. Hardy, on the brief).

Richard J. Bolger, argued the cause for respondents Laurence A. Seitzman, M.D., Drs. Finkel, Drucker, Seitzman, P.A. and Drucker, Seitzman & Scheininger, P.A. (Orlovsky, Grasso & Bolger, attorneys; Mr. Bolger, of counsel and on the brief).

Before Judges PETRELLA, SKILLMAN and STEINBERG.

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

The issue presented by this appeal is whether a child with birth defects caused by malpractice in connection with the mother's prior pregnancy is barred from maintaining a malpractice action against the doctor because his parents' voluntary decision to conceive another child despite their awareness of the increased risks of any future pregnancy constitutes a supervening cause of the birth defects. We conclude...

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