Flood v. Wyeth Laboratories, Inc.

Opinion

ASHBY, J.

Minor appellant Melissa Flood 1 appeals from a dismissal following a judgment upon the pleadings in favor of respondent Wyeth Laboratories, Inc. (Wyeth). Appellant received a combined diphtheria, pertussis (whooping cough) and tetanus (DPT) immunization, which allegedly caused her severe brain damage. Wyeth was the manufacturer of the vaccine. She sued Wyeth for negligence and strict products liability. The trial court found Wyeth immune from liability pursuant to Health & Safety Code section 429.36. While cognizant of the liability problem caused by vaccines which cannot be…