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GILMARTIN v. WEINREB

735 A.2d 620 (1999)

324 N.J. Super. 367

Annette GILMARTIN, Executrix of the Estate of Brian Gilmartin, and Annette Gilmartin, Individually, Plaintiff-Appellant/Cross-Respondent, v. Herman J. WEINREB, M.D., Defendant-Respondent/Cross-Appellant, and Jeffrey S. Weinstein, D.O., S. Alan Weinstein, D.O., and Old Bridge Medical Associates, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 27, 1999.

Attorney(s) appearing for the Case

Randall J. Richards, Woodbridge, for plaintiff-appellant/cross-respondent (Wilentz, Goldman & Spitzer, attorneys; Mr. Richards and Morris Brown, of counsel; John Anzalone, on the brief).

Cynthia A. Matheke, Roseland, for defendant-respondent/cross-appellant (Lum, Danzis, Drasco, Positan & Kleinberg, attorneys; Ms. Matheke, of counsel; Ms. Matheke and John P. Little, on the brief).

Before Judges D'ANNUNZIO, CUFF and COLLESTER.

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

Plaintiff appeals from a judgment based on an adverse jury verdict in this medical negligence case. On April 12, 1993, Brian Gilmartin, then thirty-four, died due to an overdose of the drug colchicine. Colchicine therapy had been prescribed by defendant, Dr. Herman J. Weinreb, as a treatment for decedent's multiple sclerosis (MS). Dr. Weinreb's office was located...

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