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SHEEHAN v. PIMA COUNTY

No. 2 CA-CIV 4284.

135 Ariz. 235 (1982)

660 P.2d 486

Mary SHEEHAN, individually as surviving wife of Daniel J. Sheehan, deceased and on behalf of the surviving children of the deceased, Plaintiff/Appellant/Cross Appellee, v. PIMA COUNTY, Arizona, a political subdivision and the Board of Supervisors, Defendants/Appellees, and Lederle Laboratories, a foreign corporation; American Cyanamid Co., a foreign corporation; Pfizer, Inc., dba Pfizer Laboratories Division, Defendants/Appellees/Cross Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 4, 1983.

Review Denied March 8, 1983.

Attorney(s) appearing for the Case

Ettinger & Deckter, P.C. by Louis L. Deckter and Jack A. Ettinger, Tucson, for plaintiff/appellant/cross appellee.

Leonard Everett, Tucson, for defendant/appellee Pima County.

Chandler, Tullar, Udall & Redhair by D.B. Udall, Tucson, for defendants/appellees/cross appellants Lederle Laboratories & American Cyanamid Co.

Fish, Briney, Duffield, Miller, Young & Adamson, P.C. by Richard Briney and Richard Duffield, Tucson, for defendant/appellee/cross appellant Pfizer, Inc.

OPINION

HOWARD, Chief Judge.

This is a wrongful death action. Daniel J. Sheehan died after contracting polio from his daughter, Nuria, who had been given a dosage of the Sabin Oral Polio Vaccine.

Appellant filed this lawsuit against appellees based upon strict liability in tort contending that since the vaccine was unavoidably unsafe, the failure to warn them of the danger of contact polio rendered the product defective. See Restatement (Second) of...

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