JOHNSON v. AMERICAN CYANAMID CO. 718 P.2d 1318 (1986) CASE BRIEF

JOHNSON V. AMERICAN CYANAMID CO.
718 P.2d 1318 (1986)
NATURE OF THE CASE: Cyanamid (D) appealed from a judgment which entered judgment on jury verdict for Johnson (P). P contracted polio and alleged that he acquired the disease from contact with his daughter, who was vaccinated with D's Sabin oral polio vaccine.
FACTS: P took his infant daughter Laurie to the child's pediatrician where she was given an oral polio vaccine manufactured by D. That vaccine required three doses with two month periods between each oral dosage. Before the third dose, P became ill and was diagnosed with bulbar paralytic poliomyelitis. Plaintiff contends he is totally disabled as a result of the disease. His child had been given the Sabin vaccination which had a well-known secondary infection rate of between 5 to 10 people per year. The jury found D 100% liable and awarded a substantial sum of monies. D appealed.

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