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Verdicts

By ALM Staff | Law Journal Newsletters |
July 02, 2014

Faulty Jury Instruction Results in New Trial in Drug Patch Case

A patient who suffered a severe brain injury after ripping open a time-release pain-killing patch and ingesting all the medicine at once will get another trial against the doctor who prescribed her patch, now that the New Jersey Supreme Court has ruled her prior substance abuse shouldn't have been considered by the jury. The trial judge wrongly allowed jurors to consider the patient's long history of drug and alcohol dependence as a pre-existing condition in finding no cause of action, the court said, remanding for a new trial in a case watched closely by the medical malpractice bar. Komlodi v. Picciano, 2014 N.J. LEXIS 485 (N.J., 5/20/14).

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