In a published opinion, the Appellate Division upheld a Hudson County Superior Court ruling that the plaintiff’s failure to identify individually negligent nurses in a medical malpractice claim rendered the affidavit of merit insufficient to support a vicarious liability claim.

In the underlying case, Hargett v. Hamilton Park OPCO, Rosetta Hargett, as administratrix ad prosequendum for the estate of Martha Ingram, appealed the trial court order dismissing her medical malpractice claim with prejudice for failing to provide an appropriate affidavit of merit, according to the opinion. The Appellate Division agreed with the trial court, holding that the AOM offered by Hargett was inadequate because it alleged collective negligence by multiple unidentifiable nurses.