Legal Opinion
Gottsdanker v. Cutter Laboratories
California Court of Appeal
Decided July 12, 1960No. Docket Nos. 18413, 18414PublishedCited by 76 opinions
1Opinion of the CourtDraper, J.
Two children contracted poliomyelitis shortly after being inoculated with Salk vaccine manufactured by defendant. On the premise that defendant’s vaccine caused the illness it was designed to prevent, an action for damages was brought in behalf of each child. The actions were consolidated for trial. Jury verdicts were in favor of the two children for a total of $139,000, and for their parents for $8,300 in special damages.
There is substantial evidence to sustain a finding that the vaccine contained live virus of poliomyelitis, and that the injected vaccine caused the disease in each child.…
2Cases cited10 opinions
- Burr v. Sherwin Williams Co.California Supreme Court · 1954
- Perlmutter v. Beth David HospitalNew York Court of Appeals · 1954
- Klein v. Duchess Sandwich Co., Ltd.California Supreme Court · 1939
- Vaccarezza v. SanguinettiCalifornia Court of Appeal · 1945
- Peterson v. Lamb Rubber Co.California Supreme Court · 1960
5 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- Greenman v. Yuba Power Products, Inc.California Supreme Court · 1963
- Clemens v. DaimlerChrysler Corp.Court of Appeals for the Ninth Circuit · 2008
- Reyes v. Wyeth LaboratoriesCourt of Appeals for the Fifth Circuit · 1974
- Hoffman v. Misericordia HospitalSupreme Court of Pennsylvania · 1970
- Davis v. Wyeth Laboratories, Inc.Court of Appeals for the Ninth Circuit · 1968
71 more not listed; retrieve them via the Exa API.