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TROXCLAIR v. AVENTIS PASTEUR, INC.

864 A.2d 1147 (2005)

374 N.J. Super. 374

James Paul TROXCLAIR, Jr., by his father and Guardian ad Litem, James Paul TROXCLAIR, and Heidi C. Troxclair and James Paul Troxclair, husband and wife, individually, Plaintiffs-Appellants, v. AVENTIS PASTEUR, INC., and Eli Lilly and Company, Defendants-Respondents, and Merck Co., Inc., Lederle Laboratories, Gallipot, Inc., Integra Biosciences, Inc., Medisca, Inc., and Meridian Chemical and Equipment, Inc., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided January 21, 2005.

Attorney(s) appearing for the Case

Wilentz, Goldman & Spitzer, attorneys for appellants (Barry R. Sugarman and Brenda Correa, on the brief).

Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys for respondent Aventis Pasteur, Inc. (Martin J. Sullivan, of counsel; Robert C. Neff, Jr., on the joint brief).

McCarter & English, attorneys for respondent Eli Lilly and Company (John F. Brenner, of counsel; Jerry P. Sattin, on the joint brief).

Before Judges LINTNER, PARKER and YANNOTTI.

The opinion of the court was delivered by

LINTNER, J.A.D.

Plaintiffs, James Paul Troxclair, Jr. (James), an infant by his father and guardian ad litem, James Paul Troxclair, and Heidi C. Troxclair and James Paul Troxclair, individually, appeal from two orders, one entered in April 2003, and the other in December 2003 dismissing their complaint, respectively, against defendants Eli Lilly and Company (Lilly) and Aventis...

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