Kenneth Mr. Vercammen was included in the 2020 “Super Lawyers” list published by Thomson Reuters.

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Sunday, March 10, 2019

Alexandra Rodriguez v. Wal-Mart Stores, Inc. (079470) (Gloucester County and Statewide) (A-2/3-17; 079470)

The admissibility of medical expert testimony utilizing terms such as “somatization” and “symptom magnification” must be determined by trial courts on a case-by-case basis, consistent with N.J.R.E. 403, and there was no abuse of discretion in the trial court’s allowing use of those terms under the circumstances of this case. The Court disagrees with the Appellate Division’s equation of the terms used by the experts with the term “malingering.” The Court also disagrees with the panel’s determination that one of defendant’s experts, who is a neurologist rather than a mental-health specialist, was not qualified to testify about somatization or symptom magnification. The Court concurs, however, with the Appellate Division’s determination that the trial court did not abuse its discretion in admitting into evidence at trial plaintiff’s past medical history.