NIEMIERA BY NIEMIERA v. SCHNIEDER


114 N.J. 550 (1989)

555 A.2d 1112

GREGORY NIEMIERA, II, AN INFANT, BY HIS NATURAL GUARDIAN, JOY NIEMIERA, AND JOY NIEMIERA AND GREGORY N. NIEMIERA, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. DR. ALAN SCHNEIDER, PRINCETON-NASSAU PEDIATRICS, P.A., AND WYETH LABORATORIES, DIVISION OF AMERICAN HOME PRODUCTS CORPORATION, DEFENDANTS-RESPONDENTS, AND PRINCETON MEDICAL CENTER, AND DENNIS DOODY, ADMINISTRATOR OF PRINCETON MEDICAL CENTER, DEFENDANTS.

The Supreme Court of New Jersey.

Decided April 13, 1989.


Attorney(s) appearing for the Case

Carl J. Valore argued the cause for appellants (Valore, McAllister, Westmoreland, Gould, Vesper & Schwartz, attorneys).

Thomas J. Alworth argued the cause for respondents Dr. Alan Schneider, et al. (Shanley & Fisher, attorneys).

Lauren E. Handler argued the cause for respondent Wyeth Laboratories, etc. (Porzio, Bromberg & Newman, attorneys; Lauren E. Handler and Anita Hotchkiss, on the brief).


The opinion of the Court was delivered by O'HERN, J.

Gregory Niemiera, II is a seven-year-old child who suffered at age two months a disabling convulsive episode that left him brain damaged. Through his parents he alleges that the injuries resulted from an adverse reaction to a childhood vaccine. The central issue in his appeal is whether the "learned-intermediary" doctrine relieves the manufacturer of a childhood vaccine...

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