TROUM v. NEWARK BETH ISRAEL MED. CTR.


768 A.2d 177 (2001)

338 N.J. Super. 1

Carol TROUM, Individually and as Executrix of the Estate of Arthur Troum, Plaintiff-Respondent, v. NEWARK BETH ISRAEL MEDICAL CENTER, John Doe Physicians 1-50, John Doe/ Jane Doe Medical Technicians 1-50, John Doe/Jane Doe Nurse/Other Medical Care Providers 1-50, John Doe/Jane Doe/ ABC Corporation 1-50, Manufacturers Distributors of Cryoprecipitate 1-50, Blood Banks 1-50, North Jersey Blood Center, a business enterprise of the State of New Jersey, American Association of Blood Banks, a national association member of blood banks with office in the State of Maryland, Isaac Gielchinsky, M.D., Kronish, Schkeeper and Lesser, a professional corporation of New Jersey, Eric Lentz, Esq., an attorney at law of New Jersey, Defendants, and Luis Rivera, M.D., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 5, 2001.


Attorney(s) appearing for the Case

Jay Scott MacNeil, Roseland, argued the cause for appellant (Post, Polak, Goodsell & MacNeill, attorneys; Mr. MacNeil, of counsel; Franca D. Maiorano, on the brief).

James A. Mella, argued the cause for respondent (Mella & Dimiero, attorneys; Mr. Mella, Short Hills and Laura M. Le Winn, Trenton, on the brief).

Before Judges BAIME, CARCHMAN and LINTNER.


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

Arthur Troum was infected with the human immunodeficiency virus (HIV) when a tainted blood product was administered during cardiothoracic surgery. The virus subsequently ripened into acquired immunodeficiency syndrome (AIDS) resulting in Troum's death. Plaintiff Carol Troum brought survival and wrongful death actions contending that Dr. Luis Rivera committed medical...

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