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Entitlement to a Credit for a Settlement Reached in Another Jurisdiction

By Robert E. Spitzer and Thomas J. Pyle, Jr.
August 02, 2014

This article addresses the dynamics of New Jersey's Collateral Source doctrine and defendant physician's entitlement to a credit for a settlement that a plaintiff reached in another jurisdiction.

Background

On Dec. 1, 2004, the infant plaintiff, Jonathan Doubletree (Jonathan) was born at Double Down Hospital in Yonkers, NY. Thereafter, Jonathan and his parents (collectively Plaintiffs) resided in Queens until Jan. 2006, when they moved to Short Hills, NJ. While they were living in Queens, New York physicians treated Jonathan. After moving to New Jersey, Jonathan began treating with Melvin Hart, M.D. (Dr. Hart). The latter treated Jonathan from January 2006 until February 2007. When Jonathan was 25 months old, Dr. Hart diagnosed him with developmental left hip dysplasia. In March 2007, Jonathan underwent a left hip open reduction.

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