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BAIRD v. AMERICAN MEDICAL OPTICS

713 A.2d 1019 (1998)

155 N.J. 54

Eleanor BAIRD, Plaintiff-Respondent, and John Baird, her husband, Plaintiff, v. AMERICAN MEDICAL OPTICS, Frederic Newman, M.D. and Valley Hospital, Defendants-Appellants, and XYZ Companies # 1 through # 5 and John Does # 1 through # 5, Defendants.

Supreme Court of New Jersey.

Decided July 15, 1998.

Attorney(s) appearing for the Case

William A. Feldman, Wayne, for defendant-appellant American Medical Optics (Feldman & Fiorello, attorneys; Mr. Feldman and Melissa Feldman Michalsky, on the briefs).

Melvin Greenberg, Newark, for defendant-appellant Frederic Newman, M.D. (Greenberg, Dauber and Epstein, attorneys).

Daniel B. Frier, Morristown, for defendant-appellant Valley Hospital (Giblin & Combs, attorneys).

Richard Galex, East Brunswick, for plaintiff-respondent (Galex, Tortoreti & Tomes, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

This appeal presents two issues. The first is whether the statute of limitations, N.J.S.A. 2A:14-2, bars a patient's claim for lack of informed consent against an ophthalmologist who implanted an intraocular lens in the patient's eye, the hospital at which the implantation took place, and the manufacturer of the intraocular lens. The second issue is whether federal law preempts the patient's state-law claims...

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