Professional Documents
Culture Documents
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307 N.J. Super. 61, *; 704 A.2d 104, **;
1997 N.J. Super. LEXIS 529, ***
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307 N.J. Super. 61, *; 704 A.2d 104, **;
1997 N.J. Super. LEXIS 529, ***
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307 N.J. Super. 61, *; 704 A.2d 104, **;
1997 N.J. Super. LEXIS 529, ***
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307 N.J. Super. 61, *; 704 A.2d 104, **;
1997 N.J. Super. LEXIS 529, ***
product manufacturers
may have had the
technical capacity at
the time to address the
situation and may
have been responsible
for their injuries. It is
only very recently that
a governmentsponsored report was
issued indicating that
the blood products
could have been
virally inactivated
prior to the advent of
the AIDS epidemic
among blood product
recipients.
no opinion as to
whether any blood
product manufacturers
may, or may not, have
actually been at fault
for the contracting of
HIV and AIDS among
blood product
recipients. It is simply
the intent of the
Legislature to allow
these particular
victims "Their day in
court" in light of the
u n i q u e
a n d
extraordinary
circumstances of their
plight.
b. Notwithstanding
the provisions of any
other law to the
contrary, no action for
damages based upon
personal injury,
survivorship or
wrongful death
brought against a
p r o p r i e t a r y
manufacturer of blood
products based on
infusion of a blood
product resulting in
contracting human
immunodeficiency
virus (HIV) or [*75]
a c q u i r e d
immunodeficiency
syndrome (AIDS)
[***12]
shall be
deemed to accrue
prior to July 13, 1995.
c. The provisions
of this act shall apply
to all pending claims,
including any action
which has been filed
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307 N.J. Super. 61, *; 704 A.2d 104, **;
1997 N.J. Super. LEXIS 529, ***
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307 N.J. Super. 61, *; 704 A.2d 104, **;
1997 N.J. Super. LEXIS 529, ***
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307 N.J. Super. 61, *; 704 A.2d 104, **;
1997 N.J. Super. LEXIS 529, ***
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307 N.J. Super. 61, *; 704 A.2d 104, **;
1997 N.J. Super. LEXIS 529, ***
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307 N.J. Super. 61, *; 704 A.2d 104, **;
1997 N.J. Super. LEXIS 529, ***
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307 N.J. Super. 61, *; 704 A.2d 104, **;
1997 N.J. Super. LEXIS 529, ***
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307 N.J. Super. 61, *; 704 A.2d 104, **;
1997 N.J. Super. LEXIS 529, ***
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307 N.J. Super. 61, *; 704 A.2d 104, **;
1997 N.J. Super. LEXIS 529, ***
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307 N.J. Super. 61, *; 704 A.2d 104, **;
1997 N.J. Super. LEXIS 529, ***
International Union,
U.S. at 243-244.
429
[***34]
In the present case, New Jersey's
Legislature and Governor can not be said to
have acted irrationally or arbitrarily. Like the
statutory scheme upheld in the Usery case,
N.J.S.A. 2A:14-26.1 rationally advances the
legitimate objective of spreading the costs
associated with the treatment of the infected
hemophiliac population, [*87] if those who
profited--the proprietary manufacturers of
blood products--are liable.
D. The Act and Equal Protection
Armour alternately claims that the Act
violates the Equal Protection Clauses of both
the New Jersey and Federal Constitutions,
contending that reviving stale claims as against
such a narrow class of defendants, is without
reasonable or rational basis. n23 [**117]
Unquestionably, the Federal and New Jersey
Constitutions require legislative distinctions to
be both rational and advance legitimate
governmental interests. See Greenberg, supra,
99 N.J. at 577; Robinson v. Cahill, 62 N.J. 473,
488, 303 A.2d 273, on reargument, 63 N.J. 196,
306 A.2d 65; cert. denied sub. nom., Dickey v.
Robinson, 414 U.S. 976, 38 L. Ed. 2d 219, 94 S.
Ct. 292 (1973); Joseph H. Reinfeld, Inc. v.
Schieffelin & Co., 94 N.J. 400, 411, 466 A.2d
563 (1983). Within [***35] this framework,
the judicial branch ought not substitute its
judgment for that expressed by the legislative
body, unless no rationale can be shown. See
Brown v. City of Newark, 113 N.J. 565, 572,
552 A.2d 125 (1989); see also Williamson v.
Lee Optical of Okla., 348 U.S. 483, 487, 99 L.
Ed. 563, 75 S. Ct. 461, reh'g denied, 349 U.S.
925, 99 L. Ed. 1256, 75 S. Ct. 657 (1955).
n23 Pursuant to leave granted, the
American Insurance Association (AIA)
submitted an Amicus brief in the pending
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307 N.J. Super. 61, *; 704 A.2d 104, **;
1997 N.J. Super. LEXIS 529, ***
available.
[*89] While the Act singles out the
proprietary blood product manufacturers as the
only class of defendants to be affected, this
classification, too, is rationally related to
furthering legitimate governmental objectives.
Only fractionators (blood product
manufacturers) were responsible for producing
the product while profiting from its
distribution. Holding this group accountable is
consistent with one of the overriding purposes
of product liability law--to spread the burden of
damages which flow from such injuries onto
those responsible for the products' design and
manufacture. n25
n25 While those in the wholesale and
retail chain of distribution may
potentially be liable for the foreseeable
injuries proximately caused by defective
products intended for ultimate sale to the
public, they may be relieved from
liability where they comply with the
exculpatory provisions of the Products
Liability Act, N.J.S.A. 2A:58C-9, which
provide in relevant part:
a. In any product liability
action against a product
seller, the product seller may
file an affidavit certifying
the correct identity of the
manufacturer of the product
which allegedly caused the
injury, death or damage.
b. Upon filing the
a ffi da v i t p u r s u a n t t o
subsection a. of this section,
the product seller shall be
relieved of all strict liability
claims, subject to the
provisions set forth in
subsection d. of this section.
Due diligence shall be
exercised in providing the
plaintiff with the correct
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307 N.J. Super. 61, *; 704 A.2d 104, **;
1997 N.J. Super. LEXIS 529, ***
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307 N.J. Super. 61, *; 704 A.2d 104, **;
1997 N.J. Super. LEXIS 529, ***