COWLEY v. VIRTUA HEALTH SYSTEM

A-47 September Term 2018 081891.

230 A.3d 265 (2020)

242 N.J. 1

Linda COWLEY and Robert Cowley, w/h, Plaintiffs-Respondents, v. VIRTUA HEALTH SYSTEM, Virtua Voorhees Hospital, Robert Gibbons, R.N., and Helene Curran, R.N., Defendants-Appellants.

Supreme Court of New Jersey.

Decided May 4, 2020.


Attorney(s) appearing for the Case

Mary Kay Wysocki argued the cause for appellants (Parker McCay, attorneys; Mary Kay Wysocki and Carolyn R. Sleeper , of counsel, and Kathryn A. Somerset , Mount Laurel, on the briefs).

Randi S. Greenberg argued the cause for respondents (Sacchetta & Baldino, attorneys; Thomas F. Sacchetta , on the brief).

Eric S. Poe argued the cause for amicus curiae New Jersey Physicians United Reciprocal Exchange (Eric S. Poe, of counsel and on the brief, and Abbey True Harris , on the brief).

Anthony Argiropoulos argued the cause for amicus curiae New Jersey Doctor-Patient Alliance (Epstein Becker & Green, attorneys; Anthony Argiropoulos and William Gibson , Princeton Township, of counsel and on the brief).

Abbott S. Brown argued the cause for amicus curiae New Jersey Association for Justice (Lomurro, Munson, Comer, Brown & Schottland, attorneys; Abbott S. Brown, Jonathan H. Lomurro , and Christina Vassiliou Harvey , Freehold, of counsel and on the brief).


We must now decide whether the "common knowledge" exception relieves plaintiffs of the obligation to serve an affidavit of merit as required by the Affidavit of Merit Statute, N.J.S.A. 2A:53A-26 to -29. In support of plaintiffs' medical malpractice claim, they allege defendants failed to...

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