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MOSCATELLO EX REL. MOSCATELLO v. UMDNJ

776 A.2d 874 (2001)

342 N.J. Super. 351

Lucy MOSCATELLO, individually and as Guardian Ad Litem for John MOSCATELLO, Jr., Carl Moscatello, Christina Moscatello, and John James Moscatello, individually, Plaintiffs-Appellants, v. UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY, Ming-Liang Lee, M.D., Leonard Sciorra, Ph.D., Seymour Gelzer, Esq. and Brigiani, Gelzer Cohen & Schneider, P.A., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 21, 2001.

Attorney(s) appearing for the Case

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

Laurie H. Pilling argued the cause for respondents Seymour Gelzer and Brigiani, Gelzer, Cohen & Schneider (Amdur, Boyle, Maggs & McGann, attorneys; Richard A. Amdur of counsel; Elizabeth A. Wilson on the brief).

Karen A. Jordan, Deputy Attorney General, argued the cause for respondents University of Medicine and Dentistry of New Jersey, Ming Liang Lee, M.D., Leonard Sciorra, Ph.D.; (John J. Farmer, Jr., Attorney General; Michael J. Haas, Assistant Attorney General, of counsel; Ms. Jordan on the brief).

Before Judges KEEFE, EICHEN and WEISSBARD.

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

This appeal requires that we decide whether a wrongful birth settlement by the parents of a child born with disabilities extinguished the disabled child's wrongful life claim for extraordinary medical expenses; whether a child born with disabilities may include in his claim for wrongful life damages for the loss of enjoyment of life, including his diminished childhood...

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