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McDONALD v. LEDERLE LABORATORIES

775 A.2d 528 (2001)

341 N.J. Super. 369

Janet McDONALD, Individually and as Guardian ad Litem of Michael McDonald, an infant, Plaintiff-Appellant, v. LEDERLE LABORATORIES, a division of American Cyanamid Corporation; American Cyanamid Corporation, a subsidiary of American Home Products Corporation, and American Home Products Company; Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 18, 2001.

Attorney(s) appearing for the Case

Michael R. Hugo (Hugo & Pollack) of the Massachusetts bar, admitted pro hac vice, Boston, MA, argued the cause for appellant (Todd Brandon Eder, East Brunswick and Mr. Hugo, attorneys; Mr. Eder, on the brief).

Lauren E. Handler, Morristown, argued the cause for respondents (Porzio, Bromberg & Newman, attorneys; Ms. Handler and Steven P. Benenson, of counsel and on the brief; Garineh S. Dovletian, on the brief).

Before Judges WALLACE, LINTNER and PARRILLO.

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

The National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to 300aa-34 (the Act) provides a federal no-fault system for compensating vaccine-related injuries or death by establishing a claim procedure involving the United States Court of Federal Claims and special masters. See 42 U.S.C. § 300aa-12. Where the vaccine is administered after the effective date of the Act...

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