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CG&P Secures Dismissal of Medical Malpractice Claim

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CG&P Secures Dismissal of Medical Malpractice Claim

CG&P has secured the dismissal of a medical malpractice action against a pediatrician and a pediatric nurse. The infant plaintiff suffered fractures to her right and left mandible and chin lacerations as a result of a fall secondary to a vasovagal syncope which she experienced following the administration of two vaccines. It was claimed that the defendants were negligent in failing to adhere to the manufacturer’s guidelines for monitoring the infant plaintiff following administration of the vaccines. CG&P argued that the claims were pre-empted by the National Childhood Vaccine Injury Compensation Act of 1986 because the infant plaintiff’s injuries qualified as a vaccine related injury. The Court agreed and dismissed the complaint against CG&P’s client. The case was handled by CG&P partner Michele R. Levin and Of Counsel Jennifer B. Ettenger.