Legal Opinion
Davis v. Wyeth Laboratories, Inc.
Court of Appeals for the Ninth Circuit
Decided January 22, 1968No. 20995PublishedCited by 164 opinions
1Opinion of the Court
MERRILL, Circuit Judge:
This ease presents the question wheth-. er appellee Wyeth Laboratories, Inc., a manufacturer of Sabin polio vaccine, should be held to strict tort liability to one who took the drug and contracted polio as a result.
Appellant Glynn Richard Davis took appellee’s Type III polio vaccine at a mass immunization clinic conducted in West Yellowstone, Montana, in March, 1963. At that time he was thirty-nine years old, in good health, and engaged in the lumber business. Within thirty days he evidenced paralysis and other symptoms of polio, and has remained paralyzed from the…
2Cases cited19 opinions
- Greenman v. Yuba Power Products, Inc.California Supreme Court · 1963
- Toole v. Richardson-Merrell Inc.California Court of Appeal · 1967
- Canifax v. Hercules Powder Co.California Court of Appeal · 1965
- Sterling Drug, Inc., a Corporation v. Maxine F. CornishCourt of Appeals for the Eighth Circuit · 1967
- Greeno v. Clark Equipment CompanyDistrict Court, N.D. Indiana · 1965
14 more not listed; retrieve them via the Exa API.
3Cited by164 opinions
- Clarence Borel v. Fibreboard Paper Products Corporation, Nationalsurety Corporation, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1973
- Berkebile v. Brantly Helicopter Corp.Supreme Court of Pennsylvania · 1975
- Brown v. Superior CourtCalifornia Supreme Court · 1988
- Reyes v. Wyeth LaboratoriesCourt of Appeals for the Fifth Circuit · 1974
- Hoffman v. Misericordia HospitalSupreme Court of Pennsylvania · 1970
159 more not listed; retrieve them via the Exa API.