Wade Clark Mulcahy LLP

Wade Clark Mulcahy LLP is pleased to announce that Partner Robert Cosgrove and Associate Anand Tayal secured a summary judgment victory on behalf of a care facility defendant in a New Jersey medical malpractice and wrongful death action. (The decision was issued in Relay v. RWJ Barnabas Health, Inc., No. MID-L-003060-22 (N.J. Super. Ct. Law Div. June 11, 2026) (order granting summary judgment).

The lawsuit arose from allegations of care facility malpractice, including claims of negligent management, understaffing, and inadequate care that allegedly caused the decedent’s injuries and death. Plaintiff asserted that the defendant’s operation and management of the facility fell below the accepted standard of care.

A key issue before the court included whether the plaintiff could rely on untimely served expert reports that failed to comply with New Jersey’s procedural requirements. Due to medical malpractice cases generally requiring expert reports to establish the standard of care, a deviation from that standard, and causation, WCM argued that the plaintiff lacked the expert evidence needed to support the essential elements of the claims.

Following oral argument presented by Tayal, the court granted summary judgment in favor of WCM’s client and dismissed the plaintiff’s complaint with prejudice. The court declined to consider the late-served expert reports, due to noncompliance with applicable procedural rules in New Jersey.

This decision reinforces the importance of expert testimony and procedural compliance in New Jersey medical malpractice litigation. For insurers and healthcare providers, careful evaluation of expert discovery issues and adherence to court-imposed deadlines can play a significant role in the successful defense of complex claims.