$8.5 million polio case judgment upheld

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$8.5 million polio case judgment upheld

THE ASSOCIATED PRESS

Wednesday, Oct. 08 2008

JEFFERSON CITY — A Missouri appeals court Tuesday upheld an $8.5 million

judgment for a St. Louis man who contracted polio after receiving an oral

vaccine as a child.

A three-judge panel of the Court of Appeals' Eastern District also ruled that

the vaccine's manufacturer owed about $2.8 million for prejudgment interest on

top of the award because it refused to accept a pretrial settlement offer that

was less than the amount awarded by a jury.

Cortez Strong contracted polio in June 1987, shortly after receiving a second

dose of the vaccine Orimune, which was made by American Cyanamid Co.

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 earnings and $5 million for future pain and suffering.

The company appealed, contending there was insufficient evidence that it was

legally liable for Strong's injuries. The company also sought to have the

judgment reduced or set aside or that a new trial be ordered.

Strong also appealed, seeking in part to have American Cyanamid be ordered to

pay interest on the award.

The appeals court rejected each request except Strong's appeal for prejudgment

interest.