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MILITRANO v. LEDERLE LABS.

3 Misc.3d 523 (2003)

769 N.Y.S.2d 839

BRUCE MILITRANO, by ELIZANDRA MILITRANO, His Mother and Natural Guardian, et al., Plaintiffs, v. LEDERLE LABORATORIES, a Division of AMERICAN CYANAMID COMPANY, et al., Defendants.

Supreme Court, Kings County.

November 3, 2003.

Attorney(s) appearing for the Case

Orrick, Herrington & Sutcliffe, LLP, New York City (David J. Thomasch and Holly M. Dellenbaugh of counsel), for Lederle Laboratories and others, defendants.

Kaufman, Borgeest & Ryan, New York City (Elizabeth O'Brien Totten of counsel), for St.

Mary's Hospital and Catholic Medical Center, defendant.

Michael R. Hugo and Samuel Pollack, of the Massachusetts Bar, admitted pro hac vice, and Goldsmith, Richman & Harz, LLP, New York City (Howard S. Richman of counsel), for plaintiffs.

OPINION OF THE COURT

ALLEN HURKIN-TORRES, J.

In this action, it is alleged that plaintiff, Bruce Militrano,1 was injured when a vaccine, manufactured by defendant Lederle Laboratories, was administered to him by his doctor in 1994. At its core, it is plaintiff's principal contention that, although all vaccines may contain certain health risks, Lederle could have developed a safer vaccine...

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