In a published opinion, the New Jersey Appellate Division reversed and remanded a case for dismissal after the plaintiff failed to provide an affidavit of merit that met the equivalency requirement of the Patients First Act, and refused to apply the waiver exception for falling short of “a good faith effort to satisfy the statute.”

According to the opinion, plaintiff Janan Pfannenstein filed a complaint on April 14, 2021, individually and on behalf of her husband John’s estate, that alleged the defendant doctors negligently provided medical care and treatment that caused his death. Pfannenstein filed the AOM of Dr. Biree Andemariam, a specialist in hematology.

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