Kathleen Verdicchio and Vincent Verdicchio

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for reinstatement of the jury verdict, holding that plaintiffs satisfied the increased‑risk causation requirement without proving that Stephen Verdicchio’s cancer had not metastasized, and that the defendant bears the burden of apportioning damages. The Court also clarified that plaintiffs need not present statistical survival probabilities and that the substantial‑factor test applies to concurrent‑cause medical malpractice cases. Justice LaVECCHIA’s dissent argues that the majority erred in finding causation and in allowing the trial court’s reservation on a Rule 4:37‑2(b) motion.