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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued October 29, 2001

In this medical malpractice case, judgment was entered on a no-cause jury verdict in favor of defendant Stephen S. Cook, M.D. The central issue raised on appeal is whether a surgeon must inform a spinal-fusion patient that the internal fixation device he intends to utilize during surgery was not approved by the Federal Food and Drug Administration (FDA) for use on the lumbar spine. Plaintiffs argue that because defendant failed to disclose the absence of FDA approval in this case of “pedicle” screws, Edward T. Blazoski (plaintiff) did not give an informed consent to the surgical procedure as a matter of law. Plaintiffs therefore challenge the denial of partial summary judgment as to liability, their motion for a directed verdict at the close of the case, and their motion for a new trial.

 
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