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ZWEIG v. E.R. SQUIBB & SONS, INC.

222 N.J. Super. 306 (1988)

536 A.2d 1280

JEREMY ZWEIG, AN INFANT BY HIS GUARDIAN AD LITEM, JOSEPH ZWEIG, AND JOSEPH ZWEIG, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. E.R. SQUIBB & SONS, INC., A CORPORATION OF THE STATE OF DELAWARE, DEFENDANT-RESPONDENT, AND FREDERICK A. SMALL, M.D., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided January 7, 1988.

Attorney(s) appearing for the Case

Daniel Crystal argued the cause for appellants (Cohn & Lifland, attorneys; Barry A. Knopf and James M. Docherty, of counsel; Daniel Crystal, on the brief).

Charles J. Walsh argued the cause for respondent (Sills, Beck, Cummis, Zuckerman, Radin, Tischman & Epstein, attorneys; Charles J. Walsh and Barry M. Epstein, of counsel and on the brief; Stuart M. Feinblatt and Kathleen Burns, on the brief).

Before Judges FURMAN, BRODY and SCALERA.

The opinion of the court was delivered by BRODY, J.A.D.

In June 1973, during the first trimester of her pregnancy with the infant plaintiff (plaintiff), plaintiff's mother received an injection of Delalutin, a drug manufactured by defendant to reduce the chance of a threatened miscarriage. The drug had been approved in 1956 by the United States Food and Drug Administration (FDA) to be used for that and other purposes. Delalutin is a synthetic progestin, designed to...

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