New Jersey § 2a:14-26

§ 2a:14-26.

a. The Legislature finds and declares: (1) Over one-half of the people with hemophilia in this country were infected with

the human immunodeficiency virus (HIV) in the early 1980's from contaminated blood

products. (2) AIDS, unlike any other disease, stigmatizes and isolates its victims. Victims, their families and survivors have been reluctant to step forward and seek

compensation for their injuries through the legal system because of their legitimate

fear of attendant publicity. (3) Because of this fear, many did not seek timely redress. They also were unaware that blood 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 government-sponsored 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. (4) The scientific complexity of the issue, the compelling psychological and emotional

trauma associated with the disease, the lack of publicly available information and

the lack of definitive studies at the time combined to create a singular, unique circumstance

which existing limitations principles are ill-suited to address. (5) This act will provide a remedy for the bar which may be imposed by the statute

of limitations in these cases by setting a date certain for the accrual of the cause

of action. (6) The Legislature expresses 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 unique and 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 proprietary manufacturer of blood products based on infusion of a blood product

resulting in contracting human immunodeficiency virus (HIV) or acquired immunodeficiency

syndrome (AIDS) 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 with a court but not yet dismissed or finally adjudicated.