Anderson v. Somberg

In Anderson v. Somberg, 67 N.J. 291, 338 A.2d 1, cert. denied, 423 U.S. 929, 96 S.Ct. 279, 46 L.Ed.2d 258 (1975), the Supreme Court held that the burden of proof should have shifted to the defendants, a surgeon, hospital, surgical instrument manufacturer, and supplier, to disprove their liability where the faultless plaintiff was injured when the tip of an instrument which broke off during a laminectomy was permanently deposited in the plaintiff's spinal canal, because that injury clearly bespoke negligence on the part of at least one of the defendants, either through negligent manufacture or design, or mishandling or misuse of the instrument. 67 N.J. at 294-95, 302-03, 338 A.2d 1. The Court emphasized that because "all parties had been joined who could reasonably have been connected with that negligence or defect, it was clear that one of those parties was liable, and at least one could not succeed in his proofs." Id. at 303, 338 A.2d 1. In Estate of Chin v. St. Barnabas Med. Ctr., 160 N.J. 454, 469-70, 734 A.2d 778 (1999), the Court reaffirmed application of the Anderson doctrine where "the fact pattern . . . mirrored that presented in Anderson," as the unconscious surgical patient was "utterly blameless," suffered a fatal injury bespeaking negligence when the incorrect hook-up of a hysteroscope gas line caused a massive embolism, and all potential defendants were before the court, including the hysteroscope manufacturer, the hospital, the physician, and all three nurses present in the operating room at the time of the procedure. 160 N.J. at 460-61, 465-66, 338 A.2d 1.