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Melissa Jones, an Infant Under the Age of 14 Years, by Her Father and Natural Guardian, Richard Jones v. Lederle Laboratories, a Division of American Cyanamid Co.
Citations: 982 F.2d 63; 1992 U.S. App. LEXIS 33828Docket: 92-7279
Court: Court of Appeals for the Second Circuit; December 20, 1992; Federal Appellate Court
Melissa Jones, represented by her father Richard Jones, appeals a judgment from the District Court for the Eastern District of New York in favor of Lederle Laboratories after a jury initially ruled in her favor. The case revolves around Jones, a 13-year-old girl with severe retardation, who claimed she experienced adverse effects from the pertussis component of a DTP vaccine manufactured by Lederle that she received in 1979. The central issue at trial was whether the "whole cell" pertussis vaccine was unreasonably unsafe despite its benefits, specifically concerning Lederle's alleged capability to develop a less risky "acellular" pertussis vaccine by that time. Judge Weinstein determined that the evidence presented was insufficient for the jury to conclude that by 1979, Lederle could have developed an acellular vaccine that would meet FDA standards for safety and efficacy. The Court of Appeals upheld Judge Weinstein's ruling, affirming the judgment in favor of Lederle Laboratories.