The New Jersey Appellate Division reversed a defendant’s verdict in a medical malpractice matter

We conclude defense counsel’s failure to discharge his duty of candor to the court and counsel by disclosing that defendant’s trial testimony would differ materially from defendant’s certified interrogatory answers and sworn deposition testimony resulted in plain error that deprived plaintiffs of a fair trial. We thus reverse and remand for a new trial.

During discovery, defendant certified in an interrogatory answer that he did not recall relying upon any medical text or publication in connection with his diagnosis or treatment of plaintiff. When deposed, defendant denied being aware of any studies in the Journal of Clinical Oncology pertaining to the use of Pegasys to treat patients with the blood disorder that afflicted plaintiff.