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Huie v. Newcomb Hospital

Decided: December 7, 1970.

ANNAMARIE HUIE ET AL., PLAINTIFFS-RESPONDENTS,
v.
NEWCOMB HOSPITAL ET AL., DEFENDANTS-APPELLANTS



Sullivan, Collester and Labrecque.

Per Curiam

Pursuant to leave granted, defendant Dr. Miles E. Drake appeals from an order requiring him to submit for examination by plaintiffs' attorney an article on retrolental fibroplasia previously prepared for publication by him.

The infant plaintiff, Annamarie Huie, was prematurely born on February 4, 1965. On the day after her birth she was transferred from the hospital in which she had been born to the Newcomb Hospital, Vineland, where she came under the care of Dr. Drake, a pediatric specialist. It is contended, among other things, that by reason of the negligent administration of oxygen Annamarie has been premanently blinded. The present suit seeks to recover for her injury and disability as well as her parents' expenses and loss of services.

During the course of extensive discovery Dr. Drake's deposition was taken. When questioned as to the medical treatises in the field of retrolental fibroplasia which he recognized as authoritative he replied, "There are no such things." He further testified:

Q. Doctor, are you familiar with the work on Premature Babies, Nursing Care and Management by Geddes?

A. I at least know of the existence of the book.

Q. It is an authoritative work in the field as of '66?

A. Sorry, Mr. Perskie, I told you in the beginning that as a practicing pediatrician I cannot accept any textbook as an authority.

He was then asked:

Q. Now, Doctor, have you ever prepared any papers or articles on retrolental fibroplasia?

A. Yes, I have prepared a paper.

Q. When?

A. Four years ...


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