A New Jersey appeals court on Monday reinstated a medical malpractice and wrongful death lawsuit, saying a trial judge erroneously barred one of the estate's experts from testifying.

The three-judge Appellate Division panel reinstated the lawsuit, which alleged that 42-year-old Michelle Skounakis died Nov. 12, 2010, 15 days after she was prescribed Cytomel, a thyroid hormone that can be used as a weight-loss medication.

The lawsuit alleged, however, that Skounakis previously had been prescribed another drug, phendimetrazine, an appetite suppressant, that has been shown to have combined negative consequences when used with Cytomel, said Appellate Division Judges Clarkson Fisher Jr., Thomas Sumners Jr. and Scott Moynihan.

Skounakis met with defendant Melissa Sotillo, an OB/GYN in Sparta, after viewing a software program titled “Weight Loss & Wellness Program,” developed by a Dr. G's Franchising Cos.

Skounakis died of a cardiac occlusion.

Skounakis' estate filed a lawsuit against Sotillo; her practice, Women's Health Care Associates; and Dr. G's.

One of the experts retained by the estate was Dr. Bruce Decter, a cardiologist, who wrote a report saying Cytomel should not have been prescribed as a weight-loss drug and opined that Sotillo, acting as a general practitioner, deviated from the appropriate standard of care.

In New Jersey, plaintiffs in malpractice actions must present an affidavit of merit attesting to the worthiness of their claims. The plaintiff's experts must practice in the same field as the defendants.

After three years of discovery, the defendants moved to have Decter disqualified, saying that as a cardiologist, he was not qualified to offer an opinion against Sotillo because he was not a general practitioner, and could not opine about Dr. G's because he was not an expert in computer software.

A trial judge in Sussex County granted the defendants' motion for summary judgment, and denied the estate's motion for additional time to find another expert. The estate appealed.

The appeals court reversed. “[W]e agree with plaintiff's contention that Dr. Decter was qualified to render his opinions,” the appeals court said. “[S]ummary judgment should not have been granted.”

The appeals court noted that both sides acknowledged that Sotillo, in prescribing medication for Skounakis, was acting as a general practitioner. And, the judges noted, Decter, in offering his expert opinion, was also acting as a general practitioner and not a cardiologist.

The appeals court added: “We … find no reason to conclude that Dr. Decter was unqualified to render an opinion regarding Dr. G's program because he was not a computer software expert,” the judges said. “His opinion offers no—and need not offer any—insight about the details of Dr. G's computer software.”

Thomas Howard, of Gartenberg Howard in Hackensack, represents the Skounakis estate. Evelyn Farkas, of Farkas & Donohue in Florham Park, represents Sotillo. Glenn Farrell, of Calcagno & Associates in Cranford, represents the Women's Health Care Center. Craig Combs, of Giblin, Combs & Schwartz in Morristown, represents Dr. G's.

None returned telephone calls seeking comment.