Thursday, 28 September 2023    HomeAbout UsContact Us    

You are here: Home Articles

Polio Vaccine Victim Awarded $8.5 Million Compensation
Posted by vaccinesme, in Articles
Topics: Polio Vaccine Damage Vaccine Compensation

  Mail To Friend    Printer Friendly Bookmark and Share

Mo. court upholds $8.5M polio vaccine award


JEFFERSON CITY, Mo. - A Missouri appeals court Tuesday upheld an $8.5 million judgment for a St. Louis man who contracted polio after receiving an oral vaccine as a child.

A three-judge panel of the Court of Appeals' Eastern District also ruled that the vaccine's manufacturer owed about $2.8 million for prejudgment interest on top of the award because it refused to accept a pretrial settlement offer that was less than the amount awarded by a jury.

Cortez Strong contracted polio in June 1987, shortly after receiving a second dose of the vaccine Orimune, which was made by American Cyanamid Co. Strong said he was frequently teased, struggled to fit in with other children and now has limited use of his left arm and right hand.

Strong sued American Cyanamid and the pediatrician who administered the vaccine. In 2005, a St. Louis jury cleared the doctor of liability but ordered American Cyanamid to pay Strong $1.5 million for pain and suffering, $2 million for future lost earnings and $5 million for future pain and suffering.

The company appealed, contending there was insufficient evidence that it was legally liable for Strong's injuries. The company also sought to have the judgment reduced or set aside or that a new trial be ordered.

Strong also appealed, seeking to be allowed to introduce rebuttal evidence against the physician and to have American Cyanamid be ordered to pay interest on the award.

The appeals court rejected each request except Strong's appeal for prejudgment interest.

Judge Kenneth M. Romines dissented from Tuesday's 2-1 ruling, contending a new trial was warranted because Strong's attorneys didn't prove part of their case. Romines also disagreed with the majority and would have allowed Strong to present his rebuttal evidence against his doctor.

Polio is caused by three types of viruses. Oral vaccines for the three types were derived from strains that use living but weakened virus. American Cyanamid grew larger volumes of the vaccine by passing it through the kidney cells of monkeys, which results in "production seeds." Federal regulations required that the "seeds" be tested on monkeys to determine if they could cause illness.

American Cyanamid was purchased in 1994 and is now part of New Jersey-based Wyeth. The vaccine given to Strong was discontinued in 2000.

A spokesman for Wyeth said Tuesday the company is studying its next step.

"We are considering our appellate options and recourse for further review," spokesman Doug Petkus said. "We still believe the case was wrongly decided."

But an attorney for Strong said he believes the appeals court ruling will likely be the last legal hurdle.

"It's been a long time coming for Cortez, and we couldn't be happier," attorney Thomas Germeroth said.

Source: International Business Times

Link to this article:   Show: HTML LinkFull LinkShort Link
Share or Bookmark this page: You will need to have an account with the selected service in order to post links or bookmark this page.

Subscribe via RSS or email:
Follow us through RSS or email. Click the RSS icon to subscribe to our feed.


Related Articles:
Add a Comment
You must be registered and logged in to comment.


Latest Articles
WHO: Polio Outbreak in Philippines Caused by Vaccine
Effective or Ineffective: Attribute Framing and the Human Papillomavirus (HPV) Vaccine
CNS Demyelination and Quadrivalent HPV Vaccination
Pertussis Infection in Fully Vaccinated Children in Day-Care Centers, Israel
Chemoprevention Trial of Human Hepatitis With Selenium Supplementation in China
Protective Role of Selenium Against Hepatitis B Virus and Primary Liver Cancer in Qidong
An Increase in Selenium Intake Improves Immune Function and Poliovirus Handling in Adults With Marginal Selenium Status
Nutritional and Food Protection Against Epidemic Emerging Neuropathy. Epidemiological Findings in the Unique Disease-Free Urban Area of Cuba
Diphtheria-Tetanus-Pertussis Vaccine Administered Simultaneously With Measles Vaccine Is Associated With Increased Morbidity and Poor Growth in Girls
Children Vaccinated With MMR and Higher Risk of Multiple Sclerosis

No pages found.

Most Popular
Antibody Response To Vaccine Does Not Equal Immunity or Protection
Protective Effect of Childhood Measles Against Degenerative Diseases in Later Life
What Is Vaccine Failure?
Measles Outbreak in Previously Immunized Children, Florida, US
Discontinuation of BCG Vaccine in Japan Leads To Significant Drop in Type 2 Diabetes
The Myth Of Vaccines Causing 20th Century Mortality Decline: Excellent Paper by Mckinlay and Mckinlay
Explosive School-Based Measles Outbreak in Vaccinated Students - Finland
BCG (Tuberculosis) Vaccine Induced Inflammation Linked to Type 2 Diabetes Epidemic
Explaining the Reemergence of Pertussis in Vaccinated Populations
Court Rules MMR Vaccine Caused Ben Zeller's Brain Damage: July 2008

Archives (View more)
2019 • November
2011 • December
2011 • October
2010 • February
2009 • June
2009 • May
2009 • April
2009 • March
2009 • February
2009 • January

Copyright © 2023 . All rights reserved. RSSTagsPrivacyLegal and Terms of UseSitemap