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Appellate Advocacy Keyed to Meador, 2nd Ed.
Shackil v. Lederle Laboratories
Citation:
530 A.2d 1287 (1987)Facts
Deanna Marrero was born in October 1970 and received DPT vaccinations in May, June, and October 1971, with a booster shot in October 1972. Following the booster shot, she showed symptoms of extreme pain and her condition rapidly deteriorated, causing loss of her verbal, motor, and mental capacities. By the time the lawsuit was filed in 1985, when Deanna was 14 years old, records identifying the specific manufacturer of the vaccine were no longer available. The DPT vaccine was a licensed prescription biological product required by New Jersey law for children. Each manufacturer had its own proprietary process for creating the vaccine. Plaintiffs contended that the product was defective because it contained toxins that could have been eliminated using technology existing at the time of manufacture. The defendants argued that their products were not generic or fungible, that they were not at fault for the inability to identify the specific manufacturer, and that the beneficial nature of the vaccine should shield them from liability.
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