FLOOD v. WYETH LABORATORIES, INC.

Docket No. B007332.

183 Cal.App.3d 1272 (1986)

228 Cal. Rptr. 700

MELISSA FLOOD, a Minor, etc., Plaintiff and Appellant, v. WYETH LABORATORIES, INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division Five.

July 31, 1986.


Attorney(s) appearing for the Case

COUNSEL

Good & Novack, Lebovits & David, Moses Lebovits and Ned Good for Plaintiff and Appellant.

Ward, Dodd, Gaunt & Denver, Denver & Dodd, Andrew W. Dodd, Strom, Schrag, Baum & Buller, Thomas F. Schrag, McDowell & Colantoni, Alan McDowell, De Goff & Sherman and Victoria J. De Goff as Amici Curiae on behalf of Plaintiff and Appellant.

Morgan, Wenzel & McNicholas, Lee B. Wenzel, Timothy T. Bradford, Greines, Martin, Stein & Richland and Alan G. Martin for Defendant and Respondent.


OPINION

ASHBY, J.

Minor appellant Melissa Flood1 appeals from a dismissal following a judgment upon the pleadings in favor of respondent Wyeth Laboratories, Inc. (Wyeth). Appellant received a combined diphtheria, pertussis (whooping cough) and tetanus (DPT) immunization, which allegedly caused her severe brain damage. Wyeth was the manufacturer of the vaccine. She sued Wyeth for negligence and strict products...

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