Legal Opinion

Militrano v. Lederle Laboratories

New York Supreme Court

Decided November 3, 2003PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Allen Hurkin-Torres, J.

In this action, it is alleged that plaintiff, Bruce Militrano,1 was injured when a vaccine, manufactured by defendant Lederle Laboratories, was administered to him by his doctor in 1994. At its core, it is plaintiffs principal contention that, al*525though all vaccines may contain certain health risks, Lederle could have developed a safer vaccine — a vaccine that allegedly could have been approved by the Food and Drug Administration (FDA) and that could have avoided the injury suffered by plaintiff. Lederle, on the other hand, asserts, inter alia, that…

2Cases cited32 opinions

  1. Miles v. Apex Marine Corp.Supreme Court of the United States · 1990
  2. Garcia v. United StatesSupreme Court of the United States · 1985
  3. Michele Y. Terran, as Legal Representative of Julie F. Terran, a Minor v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1999
  4. Goodyear Atomic Corp. v. MillerSupreme Court of the United States · 1988
  5. Feldman v. Lederle LaboratoriesSupreme Court of New Jersey · 1984

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3Cited by12 opinions

  1. DiBartolo v. Abbott LaboratoriesDistrict Court, S.D. New York · 2012
  2. Bruesewitz v. Wyeth Inc.Court of Appeals for the Third Circuit · 2009
  3. Sykes v. Glaxo-SmithKlineDistrict Court, E.D. Pennsylvania · 2007
  4. American Home Products Corp. v. FerrariSupreme Court of Georgia · 2008
  5. Militrano v. Lederle LaboratoriesAppellate Division of the Supreme Court of the State of New York · 2006

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