[DOWNLOAD] "Malek v. Lederle Laboratories" by Illinois Appellate Court — First District (1St Division) Judgment Affirmed # Book PDF Kindle ePub Free
eBook details
- Title: Malek v. Lederle Laboratories
- Author : Illinois Appellate Court — First District (1St Division) Judgment Affirmed
- Release Date : January 25, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Sherry Malek, as mother and next friend of minor plaintiff, Edward Malek III, brought this personal injury action against defendant Lederle Laboratories (Lederle). Plaintiff's two-count complaint sounding in strict liability and negligence alleged that on December 5, 1978, Edward Malek was vaccinated with a diphtheria-tetanus-pertussis (DTP) vaccine manufactured and marketed by defendant under the brand name Tri-Immunol. He was four months old at the time. Within five to seven hours after receiving the vaccine, Edward Malek experienced convulsions and seizures which left him permanently retarded. Count I of the complaint alleged that the Tri-Immunol vaccine was unreasonably dangerous in that it was not accompanied by adequate warnings or directions concerning the proper use of the vaccine. Count II alleged that defendant was negligent in failing to provide adequate warnings with the vaccine and in failing to properly test the vaccine. Judgment was entered on the jury verdict in favor of defendant. On appeal, plaintiff contends that the trial court abused its discretion in refusing to give a plaintiff-tendered jury instruction.