Cunningham v. Quaker Oats Co.

CURTIN, Chief Judge.

I

In January of 1971, Iain Cunningham, then only 13 months old, ingested an object which a jury found was a toy manufactured by the defendant. Iain suffered severe brain damage, mental retardation, and cerebral palsy because the toy became lodged in his throat and cut off the supply of oxygen to his brain. Iain will require constant care for the rest of his life. Iain’s parents, Ronald and Margaret Cunningham, worked extensively with Iain in an attempt to restore their child’s ability to function normally. These efforts did not succeed. Iain and his parents were and still…