Gary Riveles argues precedential case before the New Jersey Supreme Court

DH&D partner Gary Riveles argued the case of Komlodi v. Picciano before the New Jersey Supreme Court on October 7, 2013.

The primary issue in Komlodi was whether the Scafidi line of decisions regarding whether an alleged increased risk is or is not a substantial factor in causing plaintiff’s injury applies when a plaintiff with pre-existing substance abuse misuses a prescription pain killer prescribed by a treating physician when the plaintiff was also obtaining the same pain killer from other, illegal sources at the same time. This case has been widely watched and anticipated by the medical malpractice bar as it involves the boundaries of applying the Scafidi line of cases to pre-existing conditions in a non-cancer case.

Argument before the Court in Komlodi was featured in an article in the New Jersey Law Journal on October 14, 2013. To download a full copy of the article click on the following link: Court Weighs Doctor’s Liability for Giving Skin Patch to Drug Abuser by Michael Booth (requires Acrobat) Reprinted with permission from the October 14th, 2013 edition of New Jersey Law Journal. © 2013 ALM Media Properties, LLC. all rights reserved. Further duplication without permission is prohibited.

To view the actual oral argument before the Court, click on the following link: New Jersey Supreme Court Video Archive: A-13-12 Judy Komlodi v. Ann Picciano, M.D. (071301)