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FELDMAN EX REL. FELDMAN v. LEDERLE LABORATORIES

189 N.J. Super. 424 (1983)

460 A.2d 203

CAROL ANN FELDMAN, AN INFANT BY HER PARENT AND GUARDIAN AD LITEM HAROLD FELDMAN, PLAINTIFFS-APPELLANTS, v. LEDERLE LABORATORIES, A CORPORATION, AND AMERICAN CYANAMID COMPANY, A CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 22, 1982.

Reargued Following Remand October 27, 1982.

Decided May 10, 1983.

Attorney(s) appearing for the Case

James I. Peck IV argued the cause for appellants.

James L. Melhuish argued the cause for respondents (Morgan, Melhuish, Monaghan & Spielvogel, attorneys; Bernard A. Leroe of counsel; Kevin E. Wolff on the brief).

John L. McGoldrick argued the cause for amici curiae (McCarter & English, attorneys for amicus curiae Eli Lilly & Co.; John L. Goldrick of counsel; John F. Brenner, Gordon M. Chapman, Keith E. Lynott and John L. Goldrick on the brief; Porzio, Bromberg & Newman, attorneys for amici curiae Pfizer, Inc. and Warner-Lambert Co.; Anita Hotchkiss and Moira L. Brophy on the brief; Lum, Biunno & Tompkins, attorneys for amicus curiae Abbott Laboratories; Sills, Beck, Cummis, Zuckerman, Radin & Tischman, attorneys for amicus curiae E.R. Squibb & Sons, Inc.; Lamb, Chappell, Hartung, Gallipoli & Coughlin, attorneys for amicus curiae The Upjohn Co.; Goldberg & Carlin, attorneys for amicus curiae Emons Industries, Inc.; Braff, Litvak, Ertag, Wortmann & Harris, attorneys for amicus curiae Burroughs Wellcome Co.).

Before Judges MICHELS, McELROY and J.H. COLEMAN.

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

Defendant Lederle Laboratories is the manufacturer and distributor of a tetracycline antibiotic, Declomycin, a drug first placed on the market in 1959. Plaintiff Carol Feldman was born February 8, 1960. Before she was eight or nine months of age her father, a medical doctor, who also has a degree in pharmacology, treated her with that drug whenever she had an infection. He administered it "eight or ten or twenty...

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