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BAIRD v. AMERICAN MEDICAL OPTICS

155 N.J. 54 (1998)

713 A.2d 1019

ELEANOR BAIRD, PLAINTIFF-RESPONDENT, AND JOHN BAIRD, HER HUSBAND, PLAINTIFF, v. AMERICAN MEDICAL OPTICS, FREDERIC NEWMAN, M.D. AND VALLEY HOSPITAL, DEFENDANTS-APPELLANTS, AND XYZ COMPANIES # 1 THROUGH # 5 AND JOHN DOES # 1 THROUGH # 5, DEFENDANTS.

The Supreme Court of New Jersey.

Decided July 15, 1998.

Attorney(s) appearing for the Case

William A. Feldman argued the cause for appellant American Medical Optics (Feldman & Fiorello, attorneys; Mr. Feldman and Melissa Feldman Michalsky, on the briefs).

Melvin Greenberg argued the cause for appellant Frederic Newman, M.D. (Greenberg, Dauber and Epstein, attorneys).

Daniel B. Frier argued the cause for appellant Valley Hospital (Giblin & Combs, attorneys).

Richard Galex argued the cause for respondent (Galex, Tortoreti & Tomes, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

This appeal presents two issues. The first is whether the statute of limitations, N.J.S.A. 2A:14-2, bars a patient's claim for lack of informed consent against an ophthalmologist who implanted an intraocular lens in the patient's eye, the hospital at which the implantation took place, and the manufacturer of the intraocular lens. The second issue is whether federal law preempts the patient's state-law claims...

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