CLARA MORGAN SHACKIL, ALBERT SHACKIL, AND DEANNA MARRERO, P/P/A HER MOTHER AND NEXT FRIEND, CLARA MORGAN SHACKIL, PLAINTIFFS-RESPONDENTS,
v.
LEDERLE LABORATORIES, A DIVISION OF AMERICAN CYANAMID CO.; AND PARKE-DAVIS, A DIVISION OF WARNER-LAMBERT CO., AND ELI LILLY AND COMPANY, DEFENDANTS-APPELLANTS, AND WYETH LABORATORIES, A DIVISION OF AMERICAN HOME PRODUCTS CORPORATION; WYETH LABORATORIES, INC.; PITTMAN-MOORE AND ITS SUCCESSOR, THE DOW CHEMICAL COMPANY AND LEO FELD, M.D., DEFENDANTS.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued September 13, 1988.
Decided July 31, 1989.
Attorney(s) appearing for the Case
J. Peter Coll, Jr., a member of the New York bar, argued the cause for appellants Lederle Laboratories (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys, J. Peter Coll, Jr. and James L. Melhuish, of counsel, James L. Melhuish and William J. Ruane, on the briefs).
Myron J. Bromberg, argued the cause for appellant Parke-Davis (Porzio, Bromberg & Newman, attorneys, Anita Hotchkiss, of counsel, Moira L. Brophy and Lauren E. Handler, on the briefs).
John L. McGoldrick, argued the cause for appellant Eli Lilly and Company (McCarter & English, attorneys, John L. McGoldrick, Marie S. Woodbury, a member of the Kansas and the Missouri Bars and Harvey L. Kaplan, a member of the Missouri Bar, of counsel; John L. McGoldrick, Marie S. Woodbury, Harvey L. Kaplan, John F. Brenner, Keith E. Lynott, and Jerry P. Sattin, on the briefs).
Jan R. Schlichtmann, a member of the Massachusetts bar, argued the cause for respondents (Blume, Vazquez, Goldfaden, Berkowitz & Oliveras, attorneys, John M. Blume and Michael R. Hugo, a member of the Massachusetts bar, of counsel).
Thomas F. Campion submitted a brief on behalf of amici curiae Merck & Co., Inc., Abbott Laboratories, and The Upjohn Company (Shanley & Fisher, attorneys for Merck & Co., Inc., Tompkins, McGuire & Wachenfeld, attorneys for Abbott Laboratories, and Lamb, Hartung, Coughlin, Kretzer & Reinman, attorneys for The Upjohn Company, Thomas F. Campion, Joan S. Antokol, and Larry M. Pollack, on the briefs).
John B. Kearney and John Philip Kirchner submitted a brief on behalf of amicus curiae American Academy of Pediatrics (Kenney & Kearney, attorneys).
Arthur Ian Miltz submitted a brief on behalf of amicus curiae Association of Trial Lawyers of America, New Jersey Branch (Miltz & Mantel, attorneys, Arthur Ian Miltz and Marc E. Lesser, on the brief).
Charles J. Walsh submitted a brief on behalf of amici curiae E.R. Squibb & Sons, Inc., McNeilab, Inc., Ortho Pharmaceutical Corporation, and Janssen Pharmaceutica, Inc. (Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, attorneys, Charles T. Walsh, Stuart M. Feinblatt, and Kathleen Burns, on the brief).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by CLIFFORD, J.
This is a medical-malpractice and products-liability action arising out of the 1972 inoculation of the infant plaintiff with a combined diphtheria-pertussis-tetanus vaccine, commonly known as DPT vaccine. Despite extensive discovery, plaintiffs were unable to identify the manufacturer of the DPT vaccine administered to the infant plaintiff. The issue is whether, in the context of childhood vaccinations, New Jersey...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
