SMITH v. AMERICAN HOME PROD. CORP.


855 A.2d 608 (2003)

372 N.J.Super. 105

Theresa SMITH Plaintiff, v. AMERICAN HOME PRODUCTS CORP. WYETH-AYERST PHARMACEUTICAL, et al., Defendants.

Superior Court of New Jersey, Law Division, Middlesex County.

Decided September 23, 2003.


Attorney(s) appearing for the Case

Ellen Relkin (Weitz & Luxenberg), New York City and Kevin Haverty (Williams, Cuker & Berezofsky, Philadelphia, PA), for plaintiff.

Anita Hotchkiss (Porzio, Bromberg & Newman), Morristown and Kevin Gardner (Connell Foley), Roseland, for defendants.

Anne Patterson (Riker, Danzig, Scherer, Hyland & Perretti), Morristown, for amicus curiae New Jersey Defense Association.

Diane Sullivan (Dechert), Princeton, for amicus curiae Defense Research Institute.

Mark Lesser (Kronisch & Lesser), Livingston, for amicus curiae Association of Trial Lawyers of America.


CORODEMUS, J.S.C.

Presently before this court is a unified motion by defendants, the phenylpropanolamine ("PPA") manufacturers, compelling ex parte physician interviews and seeking judicial approval of a revised medical authorization. Plaintiffs, consumers of PPA, allege injuries caused from the use of the drug claiming that regulations promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, Pub.L. 104-191, effective April 14, 2003...

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