Vaccine maker asks Mo. Supreme Court to overturn $8.5M award for man who contracted polio

[Guest guest]

Despicable.

Sheri

http://money.cnn.com/news/newsfeeds/articles/apwire/c863e88d0066d764fbb7d4668844\

7912.htm

Vaccine maker asks Mo. Supreme Court to overturn $8.5M award for man

who contracted polio

September 05, 2008: 11:14 AM EST

NEW YORK (Associated Press) - A vaccine maker asked the Missouri

Supreme Court to throw out an $8.5 million jury verdict for a St.

Louis man who contracted polio after receiving an oral vaccine for the disease.

Cortez Strong was an infant when he contracted the disease in June

1987, shortly after receiving a second dose of the polio vaccine

Orimune, made by American Cyanamid Co. He now has limited use of his

left arm and right hand.

Strong sued American Cyanamid and the pediatrician who administered

the vaccine. In 2005, a St. Louis jury cleared the doctor of

liability but ordered American Cyanamid to pay Strong $1.5 million

for pain and suffering, $2 million for future lost earning and $5

million for future pain and suffering.

New Jersey-based Wyeth bought American Cyanamid in 1994, and the

vaccine that was given to Strong was discontinued in 2000.

American Cyanamid's appeal asks the Supreme Court to set the verdict

aside, reduce the damages awarded by the jury or order a new trial.

Thursday's oral arguments focused on whether American Cyanamid

followed federal regulations for testing the safety of vaccines and

whether Strong proved that a faulty vaccine caused his partial paralysis.

Polio is caused by three types of viruses. Oral vaccines for the

three types were derived from strains that use living but weakened

virus. American Cyanamid grew larger volumes of the vaccine by

passing it through the kidney cells of monkeys, which results in

" production seeds. " Federal regulations required that the " seeds " be

tested on monkeys to determine if they could cause illness.

Attorney Chip on, representing Strong, told the court that

American Cyanamid skipped mandatory testing for some of the

intermediary " seeds " that were used for steps early in the

production. By not testing at that point, on said the oral

vaccine became defective.

" This vaccine was made more dangerous than it should have been, "

on said.

Tom Bozzo, a former compliance officer for the U.S. Food and Drug

Administration, testified during the initial trial that American

Cyanamid should have been testing the particles used to make the

" seeds " and then the vaccines. Bozzo said that the vaccine maker

wasn't following regulations by not conducting those tests.

But attorneys for American Cyanamid told the Supreme Court that Bozzo

was wrong about whether federal regulations required the tests, and

that he shouldn't have been allowed to testify at the trial.

The federal government, though not a party in the lawsuit, filed a

brief with the Missouri Supreme Court saying regulators only require

testing of the " seeds " used to make a vaccine and not those particles

used earlier in the process.

Yoerges, representing American Cyanamid, told the judges

Thursday that based on the FDA's explanation of its own regulations,

the company did the tests it was supposed to. He said the jury's

verdict is based on a faulty interpretation of what tests are

required and should be tossed out.

" As a matter of law, this case should not have gone to the jury

because the definition of what a 'seed' is, is a question of law, "

Yoerges said.

Yoerges also argued that Strong's paralysis may have been caused by

an adverse reaction to a normal vaccine and that he should have been

forced to prove otherwise.

If that were the case, on countered, vaccine makers _ who are

protected from lawsuits if they follow all regulatory procedures _

would have an incentive to skip testing.

" Why waste the money on testing when they can't prove that they

wouldn't have gotten it any way? " on said.

The Supreme Court's ruling in the case is expected within a few

months.

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Sheri Nakken, former R.N., MA, Hahnemannian Homeopath

Vaccination Information & Choice Network, Nevada City CA & Wales UK

Vaccines - http://www.wellwithin1.com/vaccine.htm

Vaccine Dangers & Homeopathy Online/email courses - next classes Sept 08

[Guest guest]

>

> Despicable.

> Sheri

>

>

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7d46688447912.htm

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Despicable indeed !

" Why waste the money on testing when they can't prove that they

wouldn't have gotten it any way? " on said.

Shirley