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Verdicts
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).
“Our courts must explain how the legal principles apply to the fact and the parties' competing arguments in a charge that is accessible and comprehensible to citizens not trained in the law,” Justice Barry Albin wrote for the unanimous court in overturning the defense verdict. “This is not an easy undertaking, but it is a necessary one.”
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