The defendant manufacturer claimed that the vaccine was safe, that its label clearly explained the responsibility of the administering physician to disclose the product’s minute associated risks, and that the product and label had been approved by the FDA. The manufacturer also claimed that infections occurred in one of every one million to 10 million injections.
The defendant pediatrician died during the pendency of the case, and the defense on his behalf denied any negligence. By age 61, the plaintiff was confined to a wheelchair and unable to continue employment. He has, however, performed some volunteer work.
According to a published account, a jury found the oral poliovirus vaccine unreasonably dangerous. It was determined that the vaccine manufacturer failed to adequately disclose the drug’s hazardous nature and was solely liable for the plaintiff’s condition. The jury awarded the plaintiff $22.5 million. A posttrial motion was pending.