Baker v. Lederle Laboratories

OPINION

PRANKS, Judge.

In this action, the minor plaintiff alleged injury from three immunizations manufactured by the defendants. Responding to motions for summary judgment, the trial court granted judgment to defendants, Lederle Laboratories and Merck, Sharp & Dohme, on the so-called government contract defense 1 and to defendant, Merrell Dow Pharmaceuticals, Inc., on the ground plaintiff failed to establish a disputed issue of material fact as to causation. Plaintiff has appealed.

The threshold issue on appeal is whether the affidavits filed by Lederle Laboratories and Merck, Sharp & Dohme in…