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/c863e88d0066d764fbb7d46688447912.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.

--------------------------------------------------------

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

Homeopath

Vaccination Information & Choice Network, Nevada City CA & Wales

UK

Vaccines -

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

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