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Apgar v. Lederle Laboratories

588 A.2d 380 (1991)

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Apgar v. Lederle Laboratories

New Jersey Supreme Court
588 A.2d 380 (1991)

KL

Facts

Kelly Ann Apgar (plaintiff) was born in August 1961. As a child, Apgar was administered tetracycline antibiotics that resulted in permanent discoloration of her teeth. Apgar’s dentist told her when she was in elementary and middle school that the discoloration was due to tetracycline antibiotic use. In November 1985, when Apgar was 24 years old, Apgar read an article in the newspaper about a successful lawsuit in a tooth-discoloration case. That year, Apgar consulted with an attorney about filing suit. The following year, Apgar obtained her medical records showing that she was prescribed a tetracycline antibiotic produced by Lederle Laboratories (Lederle) (defendant), as well as other antibiotics produced by other companies. In March 1988, when Apgar was 26 years old, she sued Lederle and other drug companies (collectively, the drug companies) (defendants). The drug companies filed a motion for summary judgment, asserting a statute-of-limitations defense. The trial court denied the drug companies’ motion. The drug companies sought leave to appeal, which the appellate court denied. The New Jersey Supreme Court granted leave to appeal.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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