Casey PELLICER, by his guardian ad litem, Areli PELLICER and Areli Pellicer, Individually, Plaintiffs-Respondents,
v.
ST. BARNABAS HOSPITAL and Sam Edelman, M.D., Defendants, and
J. Rue, R.N., now known as Jean Smogard-Rue, Defendant-Respondent, and
D. Kropilak, R.N., Now Known as Delphine Anderson, R.N., Anne Olesnicky, M.D., Michael Vallee, M.D. And Norman Zeig, M.D., Defendants-Appellants.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued November 5, 2008.
Decided July 23, 2009.
Attorney(s) appearing for the Case
Kevin T. Coughlin argued the cause for appellant Anne Olesnicky, M.D., (Coughlin Duffy and Porzio, Bromberg & Newman, attorneys; Mr. Coughlin, Timothy P. Smith and Vito A. Gagliardi, Jr., Morristown, on the briefs).
Louis A. Ruprecht, Millburn, argued the cause for appellant D. Kropilak, R.N., now known as Delphine Anderson, R.N., (Ruprecht, Hart & Weeks, attorneys).
Joseph L. Garrubbo, Westfield, argued the cause for appellant Michael Vallee, M.D., (Garrubbo, Capece, D'Arcangelo & Millman, attorneys).
Catherine J. Flynn Tafaro argued the cause for appellant Norman Zeig, M.D., (Lindabury, McCormick, Estabrook & Cooper, attorneys; Ms. Flynn Tafaro, Monica Vir and Sergio D. Simoes, Westfield, on the brief).
R. Scott Eichhorn, Roseland, argued the cause for respondent J. Rue, R.N., now known as Jean Smogard-Rue, R.N., (Marshall, Dennehey, Warner, Coleman & Goggin, attorneys).
Craig M. Rothenberg argued the cause for respondents Casey Pellicer and Areli Pellicer (Rothenberg & Pashaian, attorneys; Mr. Rothenberg and Robert E. Taylor, Jr., Union City, on the briefs).
Philip S. Goldberg submitted a brief on behalf of amicus curiae American Tort Reform Association.
E. Drew Britcher, Glen Rock, submitted a brief on behalf of amicus curiae Association of Trial Lawyers of America-New Jersey (Britcher, Leone & Roth, attorneys; Mr. Britcher and Jessica E. Choper, on the brief).
Charles X. Gormally submitted a brief on behalf of amicus curiae Medical Society of New Jersey (WolfBlock, attorneys; Mr. Gormally and Anthony M. Juliano, Roseland, on the brief).
Ross A. Lewin, Princeton, submitted a brief on behalf of amicus curiae New Jersey Hospital Association (Drinker Biddle & Reath, attorneys).
Supreme Court of New Jersey.
Justice HOENS delivered the opinion of the Court.
This matter involves a tragic series of events in which the infant plaintiff Casey Pellicer, then recovering from surgery at defendant St. Barnabas Hospital, was disconnected from a respirator and suffered severe brain damage. In the medical malpractice trial that followed, his mother, plaintiff Areli Pellicer, asserted that his injuries were caused by doctors and nurses who were involved in his post-operative care...
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