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McDONALD v. LEDERLE LABORATORIES

841 A.2d 948 (2004)

366 N.J. Super. 555

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 February 18, 2004.

Attorney(s) appearing for the Case

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

Lauren E. Handler, Morristown, argued the cause for respondents (Porzio, Bromberg & Newman, attorneys; Ms. Handler and David C. Paige, of counsel and on the brief).

Before Judges KING, LINTNER and LISA.

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

Michael McDonald was born on April 13, 1989. Shortly after being inoculated, at the age of three months, with a vaccine against diphtheria, pertussis, and tetanus (DPT) manufactured by defendants, Michael allegedly manifested an adverse reaction, as a result of which he currently suffers from a seizure disorder, encephalopathy, mental retardation, and developmental...

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