Supreme Court of New Jersey

Linda Gardner and Thomas Gardner, Her Husband, Plaintiffs-Appellants v. Myron Pawliw, M.D., Defendant-Respondent…

July 14, 1997150 N.J. 359

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for a new trial, holding that the plaintiffs met the increased‑risk causation standard and that the first prong of the Scafidi test requires proof of increased risk, not proof that the unperformed tests would have revealed the fetal abnormality.