This section contains the nature of the case and procedural background.

P took his infant daughter Laurie to the child's pediatrician where she was given an oral polio vaccine manufactured by D. That vaccine required three doses with two month periods between each oral dosage. Before the third dose, P became ill and was diagnosed with bulbar paralytic poliomyelitis. Plaintiff contends he is totally disabled as a result of the disease. His child had been given the Sabin vaccination which had a well-known secondary infection rate of between 5 to 10 people per year. The jury found D 100% liable and awarded a substantial sum of monies. D appealed.

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