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TONER v. LEDERLE LABORATORIES

No. 16453.

732 P.2d 297 (1987)

112 Idaho 328

David TONER, guardian ad litem for Kevin Toner, an infant child, and David Toner and Susan Toner, husband and wife, individually, Plaintiffs-Appellants, v. LEDERLE LABORATORIES, A DIVISION OF AMERICAN CYANAMID CO., Defendant-Respondent.

Supreme Court of Idaho.

February 4, 1987.

Attorney(s) appearing for the Case

Kenneth L. Pedersen (argued) and Curtis Webb, Twin Falls, for plaintiffs-appellants.

Robert J. Koontz (argued), William J. Batt and Catherine A. King, Boise, for Lederle Laboratories.

Phillip M. Barber, Boise and Malcolm E. Wheeler (argued), Los Angeles, CA, for amicus curiae, Pharmaceutical Manufacturers Association.

BISTLINE, Justice.

In 1979, plaintiff child Kevin Toner, then three months old, received a vaccination of Tri-Immunol, a drug manufactured by defendant Lederle Laboratories and designed to immunize children against diphtheria, pertussis, and tetanus. Thereafter, Kevin suffered a rare condition of the spine known as transverse myelitis. The affliction permanently paralyzed Kevin from the waist down. Plaintiffs brought suit...

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