Addressing an issue of first impression, the New Jersey Appellate Division ruled that a licensed practical nurse is not included in the definition of ”licensed person” under the state’s affidavit of merit statute.

On Aug. 2, 2018, plaintiff Guy Gilligan’s wife, Il Son Gilligan, underwent colon surgery performed by Dr. Keith Meslin, according to the Nov. 9 opinion. Four days later, Guy Gilligan called Meslin’s office at Virtua Surgical Group and spoke with Susan Junod, a licensed practical nurse. Gilligan told Junod that his wife was in pain and unable to eat. Junod told Gilligan his wife was most likely experiencing postoperative gas and told him she should take her medications, try to eat, drink liquids, and walk around.

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