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GOTTSDANKER v. CUTTER LABORATORIES

Docket Nos. 18413, 18414.

182 Cal.App.2d 602 (1960)

6 Cal. Rptr. 320

ANNE ELIZABETH GOTTSDANKER, a Minor, etc., et al., Plaintiffs and Appellants, v. CUTTER LABORATORIES (a Corporation), Defendant and Appellant. JAMES RANDALL PHIPPS, a Minor, etc., et al., Plaintiffs and Appellants, v. CUTTER LABORATORIES (a Corporation), Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

July 12, 1960.

Attorney(s) appearing for the Case

Belli, Ashe & Gerry for Plaintiffs and Appellants.

Max Thelen, Jr., Paul R. Haerle and Thelen, Marrin, Johnson & Bridges, as Amici Curiae on behalf of Plaintiffs and Appellants.

Moses Lasky, Robert S. Daggett, Brobeck, Phleger & Harrison, Keith, Creede & Sedgwick, Wallace E. Sedgwick, Scott Conley, James L. Gault and Sedgwick, Detert, Moran & Arnold for Defendant and Appellant.

William Barclay Lex, Peart, Baraty & Hassard, Howard Hassard, Paul L. O'Brien, Arthur B. Hanson and John K. Worley, as Amici Curiae on behalf of Defendant and Appellant.

DRAPER, 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...

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