GELER v. AKAWIE


818 A.2d 402 (2003)

358 N.J. Super. 437

Milda GELER, Individually, As Guardian Ad Litem for Shannon Faynin, an infant And Edward Faynin, Plaintiff-Appellants, v. Dr. Richard AKAWIE, Obstetrical and Gynecological Group of East Brunswick, P.A., Defendant-Respondents, v. Dr. Michael Weingarten, M.D., Defendant-Respondent Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 3, 2003.


Attorney(s) appearing for the Case

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

James M. Ronan, Jr., Tinton Falls, argued the cause for respondents (Ronan, Tuzzio & Giannone attorneys; Mr. Ronan of counsel and on the brief with Anthony M. Tracy).

Sean P. Buckley, Princeton, argued the cause for respondent-cross-appellant (Buckley & Theroux attorneys; Mr. Buckley of counsel, Karla M. Donovan on the brief).

Before Judges HAVEY, WELLS, and PAYNE.


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

In this wrongful birth case, plaintiffs Milda Geler and Edward Faynin, the parents of a child who was born with Tay-Sachs disease and died just before the age of two, claimed malpractice on the part of obstetricians Richard Akawie and Michael Weingarten as the result of their alleged failure to provide genetic counseling regarding the disease, to inform them of the availability...

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