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Third Circuit Certifies to N.J. Supreme Court Questions Regarding Applicability of Affidavit of Merit Statute
In an opinion issued on August 16, 2012, the United States Court of Appeals for the Third Circuit certified two questions to the Supreme Court of New Jersey pertaining to the state's Affidavit of Merit Statute. Specifically, the court requested clarification on 1)...
Supreme Court Grants Appeal to Consider “Error in Judgment” Defense in Medical Malpractice Cases
On May 23, 2012, the Supreme Court of Pennsylvania granted petitions for allowance of appeal filed on behalf of a defendant physician and her practice group, to address the Superior Court's analysis of the "error in judgment" defense in the underlying case...
Supreme Court Holds that Praecipe for Writ of Summons Not Sufficient to Establish Notice of a “Claim” Under MCARE Section 517
In an opinion issued May 30, 2012, the Supreme Court of Pennsylvania held that in the absence of other notice or communication of a demand, the filing of a praecipe for a writ of summons does not suffice to establish a “claim” pursuant to Section 715 of the MCARE...
National & Local Breast Implant News
National On November 17, 2006, the FDA announced that it approved the marketing of silicone gel-filled breast implants made by Allergan Corp. (formerly Inamed Corp.) and Mentor Corp. The FDA stated that "The extensive body of scientific evidence provides reasonable...
Federal Court Bars Expert Testimony to Establish Res Ipsa Loquitur’
On April 25, 2012, the United States District Court for the Eastern District of Pennsylvania issued an opinion in Mertzig v. Booth, et al., ruling that patient plaintiff would not be allowed to present expert testimony to bolster a medical malpractice claim...
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