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Dickey v. Connaught Laboratories, Inc.

Case Date: 11/05/2002
Court: 3rd District Appellate
Docket No: 3-01-0624 Rel

No. 3-01-0624

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 2002

KRYSTAL K. DICKEY, Mother and 
Next Friend of Gina M. Dickey,
a Minor,

          Plaintiff-Appellant,

          v.

CONNAUGHT LABORATORIES, INC.,

          Defendant-Appellee.

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) 		Appeal from the Circuit Court
for the 14th Judicial Circuit
Whiteside County, Illinois


No. 00-L-26


Honorable Dan Dunagan
Judge, Presiding

Modified Upon Denial of Rehearing

JUSTICE McDADE delivered the opinion of the court:

Krystal K. Dickey, as mother and next friend of plaintiff,Gina M. Dickey, filed a complaint in Illinois state court seekingrecovery against defendant, Connaught Laboratories, Inc., forinjuries she suffered from the administration of diphtheria,tetanus and pertussis (DTP) vaccine. In response, defendantfiled a motion for summary judgment. The trial court granteddefendant's motion. Plaintiff now appeals. We affirm.

FACTS

On June 23, 1994, Gina Dickey was born as a healthy, normalbaby.

On October 11, 1994, Gina received an administration of DTPvaccine. Later on that day, she began to suffer jerking spasmslasting between 5 to 10 minutes each. Her condition continued toworsen. On February 24, 1995, Dr. Taravath, a pediatricneurologist, diagnosed plaintiff with a vaccine encephalopathyresulting in developmental delay.

On October 24, 1997, plaintiff's mother, as her next friend,filed a petition on her behalf in the United States Court ofFederal Claims (claims court), seeking compensation forplaintiff's injuries pursuant to the National Childhood VaccineInjury Act of 1992 (Vaccine Act or Act). (42 U.S.C.