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CARRAO v. HEITLER

117 A.D.2d 308 (1986)

Jamie Carrao, an Infant, by Her Father and Natural Guardian, Jon Carrao, et al., Appellants-Respondents, v. Michael Heitler et al., Defendants, and Dow Chemical Company, Respondent-Appellant Jamie Carrao, an Infant, by Her Father and Natural Guardian, Jon Carrao, et al., Appellants, v. Eli Lilly and Company, Defendant, and Merck, Sharp & Dohme, Division of Merck & Co., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 20, 1986

Attorney(s) appearing for the Case

William D. Fireman of counsel (Alfred S. Julien with him on the brief; Julien & Schlesinger, P. C., attorneys), for plaintiffs.

William M. Savino of counsel (Stephen J. Smirti, Jr., and Diane M. Trippany with him on the brief; Rivkin, Radler, Dunne & Bayh, attorneys), for respondent-appellant.

Richard C. Browne of counsel (Carl H. Sword and Cynthia J. Danza with him on the brief; Costello & Shea, attorneys), for Merck, Sharp & Dohme, respondent.

Eric A. Portuguese of counsel (Steven B. Prystowsky with him on the brief; Lester Schwab Katz & Dwyer, attorneys), for Philips Roxane Laboratories, respondent.

MURPHY, P. J., ASCH, ROSENBERGER and WALLACH, JJ., concur.

ROSS, J.

Over the last 35 years an increasing number of different vaccines to prevent disease were developed and made available to the general public. A few of the well-known diseases that these vaccines have tried to vanquish are: poliomyelitis (Reyes v Wyeth Labs., 498 F.2d 1264, 1269-1270 [5th Cir 1974]); the "swine flu" epidemic (Low v United States,

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