JOHNSON v. AMERICAN CYANAMID CO.

No. 57,368

239 Kan. 279 (1986)

718 P.2d 1318

EMIL E. JOHNSON, Appellee, v. AMERICAN CYANAMID COMPANY and LEDERLE LABORATORIES, et al., Appellants.

Supreme Court of Kansas.

Opinion filed May 19, 1986.


Attorney(s) appearing for the Case

Donald R. Newkirk, of Fleeson, Gooing, Coulson & Kitch, of Wichita, argued the cause, and Susan P. Selvidge and David G. Seely, of the same firm, and Larry Wall, of Stratton, Russell, Toomey & Wall, of Wichita, were with him on the briefs for appellants.

Gerald L. Michaud, of Michaud, Cordry, Michaud, Hutton & Hutton, of Wichita, argued the cause, and Mark B. Hutton, of the same firm, and Dwight A. Corrin, of Corrin & Krysl, Chartered, of Wichita; Jerry W. Hannah, of Hamilton and Hannah, of Topeka; and William S. Bowers, of Ottawa, were with him on the brief for appellee.

Wayne T. Stratton and Charles R. Hay, of Goodell, Stratton, Edmonds & Palmer, of Topeka, were on the amicus curiae brief for the Kansas Medical Society.

Gerald W. Gorman and John A. Vering III, of Dietrich, Davis, Dicus, Rowlands, Schmitt & Gorman, of Kansas City, Missouri, and Allen R. Slater, of the same firm, of Olathe, were on the amicus curiae brief for American Academy of Family Physicians.

Thomas Scarlett, chief counsel, and Ann H. Wion, associate chief counsel for Drugs & Biologics, Food & Drug Administration, of Rockville, Maryland; Gene W. Matthews, legal advisor to Center for Disease Control, of Atlanta, Georgia; Benjamin Burgess, United States attorney; Richard K. Willard, acting assistant attorney general; Robert L. Willmore, deputy assistant attorney general; and John F. Cordes and Mark B. Stern, attorneys, Department of Justice, of Washington, D.C., were on the amicus curiae brief for the United States of America.

Robert L. Howard, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, and Donald R. Harris and Richard L. Verkler, of Jenner & Block, of Chicago, Illinois, were on the amicus curiae brief for the American Academy of Pediatrics.

Daniel F. Sullivan, of Daniel F. Sullivan & Associates, of Seattle, Washington, was on the amicus curiae brief for Jonas E. Salk, M.D., and Darrell J. Salk, M.D.

Jerry I. Meyers, of Berger, Kapetan, Malakoff & Meyers, of Pittsburgh, Pennsylvania, was on the amicus curiae brief for Concerned Scientists and Citizens.


The opinion of the court was delivered by

McFARLAND, J.:

Emil E. Johnson brought this personal injury action alleging he had contracted poliomyelitis as a result of his infant daughter having been vaccinated by defendant physician, Vernon Branson, utilizing Orimune, an oral polio vaccine manufactured by Lederle Laboratories (a division of defendant American Cyanamid Company). Henceforth in the opinion, the manufacturer of the vaccine will be referred to as...

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