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GANNON v. AMERICAN HOME PRODUCTS

No. A-80, September Term 2010.

48 A.3d 1094 (2012)

211 N.J. 454

Jamie GANNON and Rebecca Gannon, individually and as husband and wife, Plaintiffs-Respondents, v. AMERICAN HOME PRODUCTS, INC., Defendant, and American Cyanamid Company, Lederle Laboratories and Wyeth-Lederle Vaccines, Defendants-Appellants.

Supreme Court of New Jersey.

Decided August 15, 2012.

Attorney(s) appearing for the Case

Roger W. Yoerges , a member of the District of Columbia bar, argued the cause for appellants (Porzio, Bromberg & Newman, attorneys; Kenneth R. Meyer , of counsel; Mr. Yoerges , Mr. Meyer , and Brian P. Sharkey , Morristown, on the briefs).

Stanley P. Kops , a member of the Pennsylvania bar, argued the cause for respondents (MacLachlan Law Offices, attorneys; Mr. Kops and Donald S. MacLachlan , Ridgewood, of counsel and on the brief).

Justice HOENS delivered the opinion of the Court.

Plaintiffs Jamie and Rebecca Gannon, asserting that plaintiff Jamie Gannon developed a form of brain cancer because of a series of polio vaccines he was given as a child, pursued various forms of relief in both federal and state courts. In the federal court action, they sought relief from the United States pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80, contending that the federal...

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