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BLAZOSKI v. COOK

787 A.2d 910 (2002)

346 N.J. Super. 256

Edward T. BLAZOSKI and Maureen Blazoski, his wife, Plaintiffs-Appellants, v. Steven S. COOK, M.D., Defendant-Respondent, and Jeffrey Wint, M.D., Robert Wood Johnson University Hospital, Acromed, Inc., National Medical Specialty, as successor in interest to Stuart, Inc., Sofamor S.N.C., and Sofamor Danek, Inc., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided January 2, 2002.

Attorney(s) appearing for the Case

Michael S. Berger, Haddonfield, argued the cause for appellants (Andres & Berger, attorneys, Mr. Berger and Kevin Haverty, on the brief).

Jeremy P. Cooley, Lawrenceville, argued the cause for respondent (Lenox, Socey, Wilgus, Formidoni, Brown, Giordano & Casey, attorneys; Mr. Cooley, on the brief).

Before Judges HAVEY, BRAITHWAITE and WEISSBARD.

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

In this medical malpractice case, judgment was entered on a no-cause jury verdict in favor of defendant Stephen S. Cook, M.D. The central issue raised on appeal is whether a surgeon must inform a spinal-fusion patient that the internal fixation device he intends to utilize during surgery was not approved by the Federal Food and Drug Administration (FDA) for use on...

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