Exhibit 070 ยท Court opinion
Gottsdanker v. Cutter Laboratories, 182 Cal.App.2d 602
from a preponderance of the evidence concluded that the defendant, Cutter Laboratories, was not negligent either directly or by inference.
Children paralyzed after receiving Cutter's 1955 Salk vaccine sued the manufacturer. At the 1958 trial the jury found Cutter not negligent and found it liable for breach of implied warranty. The appellate court affirmed, extending to vaccines the rule that allowed recovery without privity for defective food.
- Source
- California Court of Appeal, First District
- Date
- 1960
- Quoted from
- Gottsdanker v. Cutter Laboratories, 182 Cal. App. 2d 602 (Cal. Ct. App. July 12, 1960), para. [16] (jury statement); disposition [50]-[51] "Judgments for plaintiffs affirmed"
- Grade
- Primary record
- Document
- https://biotech.law.lsu.edu/cases/vaccines/gottsdanker.htm
- Accessed
- 2026-11-09
- Cited by
- Findings citing this exhibit