Gregory Niemiera, II, an Infant, by His Natural Guardian, Joy Niemiera, and Joy Niemiera and Gregory N. Niemiera…

Summary

The Supreme Court of New Jersey reversed the Appellate Division’s dismissal of the plaintiff’s failure‑to‑warn claim and remanded for a new trial. The Court affirmed that the learned‑intermediary doctrine applies to DPT vaccine manufacturers, so the manufacturer has no independent duty to warn patients directly. However, the plaintiff’s claim that the physician failed to adequately warn the mother was not properly dismissed and must be retried.