In Cenni v. Laboratory Corp., a New Jersey appellate decision that came down yesterday takes an interesting look at a lab error lawsuit against Quest and Lab Corp and how the discovery rule and the fictitious party rule work in New Jersey.
Facts of Cenni v. Lab Corp
The plaintiff filed a misdiagnosis against LabCorp, alleging it inaccurately interpreted the plaintiff’s annual Pap smear slides, a critical component of cervical cytology exams. The plaintiff argued that due to this error, her cervical cancer diagnosis for years, by which time the cancer had already progressed to stage four.