TOON v. LEDERLE LABORATORIES

No. 91-129.

603 So.2d 245 (1992)

Joan Camp TOON, as Provisional Tutrix of David Moody Toon and Jennifer Gayle Steele and Joan Camp Toon, Individually, Plaintiffs-Appellants, v. LEDERLE LABORATORIES, a DIVISION OF AMERICAN CYANAMID CORPORATION and the State of Louisiana Through the Calcasieu Parish School Board, Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

June 24, 1992.


Attorney(s) appearing for the Case

Karl E. Boellert, Tynes, Fraser & Roach by David A. Fraser, Lake Charles, for plaintiffs-appellants.

Butler, Snow, O'Mara, Stevens & Cannada by Christy D. Jones, Lee Davis Thames, Jackson, Miss., Durrett, Hardin, Hunter, Dameron & Fritchie by Roger Fritchie, Baton Rouge, Scofield, Gerard, Veron, Hoskins & Soileau by J. Michael Veron, Lake Charles, for defendant-appellee Lederle Laboratories, A Division of American Cyanamid Co. ("American Cyanamid").

Gernine Mailhes, Lester A. Robertson, Asst. Dist. Attys., Civil Section, Plauche, Smith & Nieset by James R. Nieset, Christopher P. Ieyoub, Lake Charles, for defendant-appellee Calcasieu Parish School Bd.

Robert S. Leake, Asst. Atty. Gen., Risk Management Litigation Section, State of La., Dept. of Justice, Stockwell, Sievert, Viccellio, Clements & Shaddock by Robert W. Clements, Lake Charles, for defendant-appellee Calcasieu Parish Health Unit through the Dept. of Health and Human Services.

Woodley Barnett, Williams, Fenet, Palmer & Pitre by James E. Williams, Clayton Davis, for intervenor, Woodley, Barnett, Williams, Fenet, Palmer & Pitre.

Gerald J. Casey, Lake Charles, for intervenor, Liquidator, of Woodley, Barnett, Williams, Fenet, Palmer & Pitre.

Voorhies & Labbe by James Lambert, Lafayette, for defendant-appellee Sharon Elisia Guillory and American Cas. Co.

Before DOMENGEAUX, C.J., and DOUCET and PATIN, JJ.


DOUCET, Judge.

This is an appeal from a directed verdict dismissing the plaintiffs' claims for damages allegedly arising from improper administration of pertussis vaccine to a seven-year-old child.

In 1985, Joan Toon received notice from the Calcasieu Parish School Board that her son, David Toon, had to have a Diptheria-Tetanus-Pertussis (DTP) booster in order to continue in school.

On October 22, 1985, Mrs...

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