Stanback v. Parke, Davis & Co.

MEMORANDUM OPINION

DALTON, District Judge.

The plaintiff, Beatrice G. Stanback, brought this products liability suit seeking compensation for injuries allegedly caused by an injection of Fluogen, an influenza vaccine manufactured by the defendant, Parke, Davis and Company (hereinafter “Parke”). After full discovery and briefing of this case, the parties have narrowed the issues in controversy. As a result, there is no contention that there exists any defect in the manufacture of the vaccine. Similarly, there is no dispute that the drug is a beneficial commodity to the great majority of users.…