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MUELLER EX REL. MUELLER v. PARKE DAVIS

252 N.J. Super. 347 (1991)

599 A.2d 950

MICHELLE MUELLER, BY HER GUARDIAN AD LITEM, ELLEN MUELLER AND ELLEN MUELLER, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. PARKE DAVIS, A DIVISION OF WARNER-LAMBERT COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 12, 1991.

Attorney(s) appearing for the Case

E. Drew Britcher argued the cause for appellants (Stern, Steiger, Croland, Tanenbaum & Schielke, attorneys; E. Drew Britcher of counsel; E. Drew Britcher and Bruce J. Ackerman on the brief).

Anita Hotchkiss argued the cause for respondent (Porzio, Bromberg & Newman, attorneys; Anita Hotchkiss of counsel; Joseph P. Thomas and Jon W. Olson on the brief).

Before Judges ANTELL, BAIME and THOMAS.

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

This pharmaceutical products liability case presents a difficult choice of law problem. While a resident of Connecticut, Ellen Mueller ingested Dilantin pursuant to a prescription issued by her physician. It is undisputed that she was pregnant at the time she ingested the drug. Michelle, Ellen's daughter, was born in Stamford, Connecticut, on February 17, 1971, with aplastic fibular syndrome, a congenital malformation...

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