Legal Opinion · Dissent

Shackil v. Lederle Laboratories

Supreme Court of New Jersey

Decided July 31, 1989Published

1DissentO’Hern, J.

This is a case not so much about “market-share” liability as it is about the social utility of childhood vaccines that pose an infinitesimal but ever-present risk of catastrophic side effects. Like most parents, I had no idea of the potential side effects of the whooping-cough vaccine when it was administered to my own children. Knowing its possible consequences today, as an informed parent, I am certain that I would accept the risk as one in the best interests of the child. I have a sense that the product may be unavoidably unsafe. I would have no sense of outrage if, after weighing all of…

2Cases cited24 opinions

  1. Summers v. TiceCalifornia Supreme Court · 1948
  2. Sindell v. Abbott LaboratoriesCalifornia Supreme Court · 1980
  3. Ayers v. Township of JacksonSupreme Court of New Jersey · 1987
  4. Kelly v. GwinnellSupreme Court of New Jersey · 1984
  5. Feldman v. Lederle LaboratoriesSupreme Court of New Jersey · 1984

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