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FERTILE v. ST. MICHAEL'S MED. CTR.

756 A.2d 1037 (2000)

334 N.J. Super. 43

Danialie FERTILE, an infant, by her Guardian ad Litem, Marlene FERTILE, individually, and Ernst Fertile, Plaintiffs-Respondents/Cross-Appellants, v. ST. MICHAEL'S MEDICAL CENTER and Dr. Angela Buontempo, Defendants-Appellants/Cross-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided August 9, 2000.

Attorney(s) appearing for the Case

George J. Kenny, Roseland, argued the cause for appellants/cross-respondents (Connell Foley, attorneys; Mr. Kenny, on the brief).

Cynthia A. Matheke, Roseland, argued the cause for respondents/cross-appellants (Lum, Danzis, Drasco, Positan and Kleinberg, attorneys; Ms. Matheke, on the brief).

Before Judges HAVEY, A.A. RODRIGUEZ and COLLESTER.

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

Following a jury trial in this birth trauma medical malpractice action, verdicts were rendered against defendants St. Michael's Medical Center and Dr. Angela Buontempo and in favor of the infant Danialie Fertile in the amount of $15 million and $3 million to her mother Marlene for her emotional distress. Defendants' motion for a new trial on liability was denied...

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