BAIRD v. AMERICAN MEDICAL OPTICS


301 N.J. Super. 7 (1997)

ELEANOR BAIRD, PLAINTIFF-APPELLANT, AND JOHN BAIRD, PLAINTIFF, v. AMERICAN MEDICAL OPTICS, FREDERIC NEWMAN, M.D., VALLEY HOSPITAL, XYZ COMPANIES # 1 THROUGH # 5, JOHN DOES # 1 THROUGH # 5, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 12, 1997.


Attorney(s) appearing for the Case

Richard Galex argued the cause for appellant (Galex, Tortoreti and Tomes, attorneys; Mr. Galex, on the brief).

Melissa Feldman Michalsky argued the cause for respondent American Medical Optics (Feldman & Fiorello, attorneys; Ms. Michalsky and Steven A. Yomtov, on the brief).

Julia A. Klubenspies argued the cause for respondent Frederic Newman, M.D. (McDonough, Korn, Eichhorn & Boyle, attorneys; R. Scott Eichhorn, of counsel; Ms. Klubenspies and AnnMarie West, on the brief).

Daniel B. Frier argued the cause for respondent Valley Hospital (Giblin & Combs, attorneys; E. Burke Giblin and Mr. Frier, on the brief).

Before Judges PRESSLER, STERN and HUMPHREYS.


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

Plaintiff Eleanor Baird appeals from the dismissal of her complaint filed in February 1992 against the manufacturer of her intraocular lens (IOL), American Medical Optics (AMO), the physician who implanted it during surgery in 1983, Frederick Newman, M.D., and the hospital where the operation occurred, Valley Hospital. The case against the IOL manufacturer was dismissed on grounds of federal preemption. The hospital...

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