In the recent published decision, Keyworth v. Careone at Madison Ave., 476 N.J. Super. 86 (App. Div. 2023), the Appellate Division granted interlocutory appeal in two consolidated cases where the trial court released the health care facilities’ incident reports and witness statements developed as part of its Patient Safety Plan, based on a finding that they were relevant and contained factual material only. On appeal, the Court reversed and held that both the factual findings of a health care facility as well as its conclusions and deliberative processes are entitled to the absolute protections of the Patient Safety Act privilege. As such, the Court held that the incident reports and witness statements enjoy the same protections under the Patient Safety Act as the materials reported to the State, which are also absolutely privileged.
Cocca & Cutinello, LLP Obtains Nursing Malpractice Defense Verdict
Following a 3 week trial in Monmouth County Superior Court, Cocca & Cutinello, LLP obtained a defense verdict of no cause of action on plaintiff’s complex nursing/medical malpractice, Nursing Home Act rights and wrongful death claims.
Cocca & Cutinello, LLP Wins Interlocutory Appeal
Burns v. Care One at Stanwick, 468 N.J. Super. 306 (2021)
Interlocutory appeal of summary judgment allowing an Assisted Living resident to assert a private cause of action for the facility's alleged breach of their statutory bill of rights was decided in defendant’s favor. On appeal, we successfully argued that the Legislature did not intend to create a private cause of action for breach of the Assisted Living bill of rights provisions. As a result, the case will proceed as a medical/nursing negligence action only with no attorneys fees or costs permitted.
Cocca & Cutinello, LLP's Partners Obtain Win as Amicus Curiae for the New Jersey Defense Association
In Yagnik v. Premium Outlet Partners, LP, 467 N.J. Super. 91 (App. Div. 2021), the Appellate Division held that the Affidavit of Merit (“AOM”) statute’s filing deadline runs from the date when the licensed professional files its answer, regardless of whether the pleadings are subsequently amended to name other defendants or assert additional claims. The Court also recognized that the statutory deadline is subject to long-established exceptions for substantial compliance and extraordinary circumstances. Although the Appellate Division affirmed the trial court’s determination to permit an otherwise untimely Affidavit, it did so based upon the extraordinary circumstances exception rather than on the trial court’s determination to run the time for filing from the date when all pleadings as to all parties were filed. In doing so, the Appellate Court settled an unanswered question presented by a hodge-podge of non-binding trial and federal court opinions holding that the time-period began when all pleadings were filed. The decision is groundbreaking and highly favorable to defendants facing professional negligence claims.
Cocca & Cutinello, LLP's Partners Author an Article on the COVID-19 Litigation
Anthony Cocca, Esq. and Katelyn E. Cutinello, Esq. partnered with fellow defense attorney, Herbert Kruttschnitt III, Esq., to author an article for the Fall, 2020 Edition of the New Jersey Defense Association’s Magazine, New Jersey Defense. The article titled “Flattening The Curve” On The Coming Wave Of COVID-19 Litigation discusses the impact of COVID-19 on the post-acute care and long term care population, the anticipated second wave of post-COVID-19 litigation and how this will be impacted by the State of New Jersey’s broad immunity for efforts to treat COVID-19 patients and to prevent the spread of COVID-19 during the public health emergency and state of emergency.
https://mcusercontent.com/efc640b8175f830f342650728/files/4b8fc7c1-d656-451b-841a-57380ae67724/NJDA_Fall2020_final.pdf
Katelyn E. Cutinello, Esq. Moderates a Panel at the NJDA's 10th Annual Women and the Law Seminar
On November 11, 2019, Katelyn E. Cutinello, Esq. moderated the trial lawyers panel, “Picking a Jury in a Civil Case: Strategies from the Plaintiff and Defense Perspectives”, at the New Jersey Defense Association’s 10th Annual Women and the Law Seminar.
Cocca & Cutinello, LLP's Partners Author an Article on the Patient Safety Act Privilege
Anthony Cocca, Esq. and Katelyn E. Cutinello, Esq. partnered with fellow defense attorney, Herbert Kruttschnitt III, Esq., to author an article for the Fall, 2019 Edition of the New Jersey Defense Association’s Magazine, New Jersey Defense. The article titled “BRUGALETTA V. GARCIA: THE PATIENT SAFETY ACT PRIVILEGE DEFINED” discusses the history of the self-critical analysis privilege, how the absolute privilege has been clarified by Brugaletta v. Garcia, 234 N.J. 225 (2018) and the next steps following the Supreme Court’s decision.
Anthony Cocca, Esq. speaks at the Sports Medicine Lecture Series for Atlantic Health System's Sports Health & Sports Medicine Fellowship Program
On March 11, 2019 Anthony Cocca, Esq. spoke as an invited guest lecturer for Atlantic Health System’s Sports Medicine Lecture Series. Anthony discussed “Sports Medicine and the Law: Medical Malpractice, Good Samaritan Liability and Volunteer Liability” to Attending Physicians, Fellows, Athletic Trainers and Physical Therapists as a part of Atlantic Health’s Sports Health and Sports Medicine Fellowship program. The program is accredited for Continuing Medical Education credit & Continuing Education Units for sports physicians, athletic trainers and physical therapists.
Katelyn E. Cutinello, Esq. Scores Big Win in the Supreme Court of New Jersey
Rodriguez v. Wal-Mart, Inc., Supreme Court of New Jersey, published March 4, 2019.
Congratulations to Katelyn E. Cutinello, Esq. for her win in the Supreme Court of New Jersey as Amicus Curiae counsel on behalf of the New Jersey Defense Association in the Rodriguez v. Wal-Mart, Inc. case. Rodriguez is a groundbreaking decision regarding expert testimony and damages. It specifically addresses the issue of medical expert testimony on “symptom magnification”, “somatization” and “malingering”.
The Supreme Court reversed the Appellate Division who had established a bright-line rule prohibiting the defense from referencing a plaintiff’s “symptom magnification” and “somatization”. The Supreme Court also upheld the admissibility of plaintiff’s prior psychiatric and medical history which had a logical relationship to the issues. As Amicus for the NJDA, Ms. Cutinello argued for a case-by-case approach subject to the balancing test inherent in a N.J.R.E. 403 analysis, which is now the prevailing law in the State of New Jersey.
AHA Names Anthony Cocca, Esq. to Board of Directors
The American Heart Association has selected Anthony Cocca, Esq. to serve on its Board of Directors for Northern New Jersey. Within the organization, he also serves on the Executive Leadership Team for the Affair of the Heart Ball, the Association's Annual Gala.