Shackil v. Lederle Laboratories
New Jersey Supreme Court
116 N.J. 155 (1989)
- Written by Brian Meadors, JD
Facts
Deanna Marrero (plaintiff) received a final booster shot of a diphtheria-pertussis-tetanus (DPT) vaccine when she was about two years old. As a result, Marrero became permanently disabled, afflicted with encephalopathy and intellectual disability. Marrero was institutionalized and required constant care. When Marrero was about 15 years old, her mother, Clara Shackil, became aware of the connection between brain damage and the pertussis portion of the vaccine. Marrero’s parents (the Shackils) (plaintiffs), alleging a defect in the design of the vaccine, brought suit against Marrero’s pediatrician (defendant) and, ultimately, all but one of the vaccine manufacturers (defendants) who could have supplied the vaccine to Marrero. The trial court dismissed the case because the Shackils could not identify which manufacturer made the vaccine. Marrero and the Shackils appealed. The appellate court reversed, and the vaccine manufacturers appealed.
Rule of Law
Issue
Holding and Reasoning (Clifford, J.)
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