Teresa Bryson, et al. v. Vi-Jon Laboratories, et al.
Published: Apr. 29, 2003 | Result Date: Apr. 16, 2003 | Filing Date: Jan. 1, 1900 |Case number: S1500CV0000244980RA – $0
Judge
Court
Kern Superior
Attorneys
Plaintiff
Defendant
David A. Hirshik
(Gomes, Hirshik & Hummel)
James J. McGarry
(McGarry & Laufenberg)
Michael L. O'Dell
(Clifford & Brown PC)
Facts
The plaintiffs' 15-month-old child gained access to a bottle of baby oil in their home, ingested and aspirated it and consequently contracted pneumonia and died following about a month's hospitalization. The baby oil had been part of a baby shower gift. Its batch number reflected a manufacture date of Sep. 8, 1999. The baby oil was a store brand, manufactured for K-Mart called American Fare. Formerly, a Perrigo entity manufactured baby oil for K-Mart, but in August 1999, sold the entire personal care line of products, including the baby oil, to Cumberland Swan Holdings Inc. The particular bottle of baby oil was manufactured after the sale by Cumberland Swan Holdings Inc. Cumberland Swan Holdings Inc. adopted the packaging and labeling that had previously been used by Perrigo.
Specials in Evidence
$200,000
Damages
Death of a 16-month-old child after a month's hospitalization, during which time medical expenses of approximately $200,000 were incurred.
Result
Summary judgment for the defendant Perrigo Company.
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