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Schafer v. American Cyanamid Co.
Citation:
20 F.3d 1 (1st Cir. 1994)Facts
Melissa Schafer received an oral polio vaccine manufactured by American Cyanamid Co. Her mother, Lenita Schafer, contracted polio shortly after. Mark Schafer is Melissa’s father and Lenita’s husband. As requried by the National Childhood Vaccine Injury Act, Lenita, Melissa, and Mark all petitioned to receive compensation from the harm caused by Lenita’s adverse reaction to Melissa’s vaccine.
Mark and Melissa subsequently withdrew their claims from the Vaccine Court with permission. Mark and Melissa then filed in District Court against the vaccine manufacturer, American Cyanamid, claiming loss of consortium and loss of companionship as a result of Lenita’s Polio.
Meanwhile, Lenita was awarded $250,000 by the Vaccine Court for her injuries. When a person receives compensation through Vaccine Court, they give up their legal right to pursue other litigation stemming from the same harm.
American Cyanimid filed a motion to dismiss Mark and Melissa’s state tort claims, claiming the statutory language of the National Childhood Vaccine Injury Act precluded Mark and Melissa’s right to pursue a tort claim after Lenita accepted her award.
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