Jury Should Determine Whether Attorneys Were Negligent in Omitting Drug Manufacturers in Declomycin Claim, N.J. App. Ct. Rules

TRENTON, N.J. - A New Jersey state appeals court has reinstated a legal malpractice suit against a law firm that failed to include a drug manufacturer in a medical malpractice suit against a pediatrician who prescribed Declomycin. Prince v. Garruto, Galex & Cantor, No. A-955-00T1 (N.J. Super. Ct., App. Div.).

The New Jersey Superior Court, Appellate Division, reversed the trial court's grant of defendant Garruto, Galex & Cantor's motion for summary judgment on Dec. 27 after concluding that both Lederle Laboraties' negligence in allegedly failing to warn consumers of the risks of Declomycin and Garruto's negligence in failing to include …