In this products liability action appellants Lisa Mazur and her parents seek
compensatory and punitive damages from appellee Merck & Co., Inc. for failure
to warn that the use of its vaccine could result in serious neurological illness.
The district court entered summary judgment for Merck on the ground that it
provided an adequate warning to a learned intermediary, and, in the alternative,
exercised reasonable care to inform users of the risks of its vaccine by contractually
obligating the United States Centers for Disease Control (CDC) to warn vaccinees
directly. Mazur v. Merck & Co., 767 F. Supp. 697 (E.D. Pa. 1991). Because
we conclude that Merck satisfied its duty to warn by contractually obligating
the CDC to warn vaccinees directly, we will affirm.
The Law, Science & Public
Health Law Site
The Best on the WWW Since 1995!
Copyright as to non-public domain materials
See DR-KATE.COM for home hurricane and disaster preparation
See WWW.EPR-ART.COM for photography of southern Louisiana and Hurricane Katrina
Professor Edward P. Richards, III, JD, MPH - Webmaster