Malek v. Lederle Laboratories

Sherry Malek, as mother and next friend of minor plaintiff, Edward Malek III, brought this personal injury action against defendant Lederle Laboratories (Lederle). Plaintiff’s two-count complaint sounding in strict liability and negligence alleged that on December 5, 1978, Edward Malek was vaccinated with a diptheria-tetanus-pertussis (DTP) vaccine manufactured and marketed by defendant under the brand name Tri-Immunol. He was four months old at the time. Within five to seven hours after receiving the vaccine, Edward Malek experienced convulsions and seizures which left him permanently…