Robert Buck, Plaintiff-Appellant v. James R. Henry, M.D., Defendant-Respondent, and Sanofi-Aventis and…

Summary

The New Jersey Supreme Court reversed the Appellate Division’s dismissal of the plaintiff’s medical malpractice claim, holding that the trial court erred by failing to hold a Ferreira case‑management conference to resolve affidavit‑of‑merit issues, and remanded for such a conference. Justice Hoens dissented, arguing that the statute plainly requires dismissal and that the majority improperly shifts the burden to defendants.