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Ayers v. Johnson & Johnson Baby Products Co.11/7/1991
A 15-month-old child suffered irreparable brain damage after inhaling baby oil. The child's parents and guardian ad litem sued the manufacturer of the oil, Johnson & Johnson Baby Products Co., alleging that the injury was proximately caused by the manufacturer's negligence in failing to put a warning on the container. The jury returned a verdict for the child and his parents. The trial judge granted Johnson & Johnson a judgment notwithstanding the verdict, or, alternatively, a new trial. The Court of Appeals reinstated the jury verdict. We affirm the Court of Appeals.
Facts
In the early evening of April 23, 1985, 15-month-old David Ayers and his twin brother were playing in their parents' house. Mrs. Ayers was getting ready to go to work, and Mr. Ayers was watching television. Two of David's sisters were also at home. David entered a bedroom, where he found a purse belonging to his 13-year-old sister, Laurie, on the floor and open. Inside the purse was an unmarked container that Laurie had filled with Johnson & Johnson's baby oil for use at school after her gymnastics class. Mrs. Ayers unexpectedly came across David just as he began to drink the oil. In immediate and concerned reaction, she yelled at him to stop, causing him to gasp and inhale some of the oil into his lungs. Mrs. Ayers immediately took the container away from David. She was relieved to discover that it held baby oil transferred from its original container, as she believed that the only effect would be diarrhea. Mrs. Ayers inspected the original container to verify her understanding and found no warning. Interpreting the absence of any warning as an indication that there was no need for concern, she told two of her older children, who were to baby-sit the twins while she was at work, to call her if any problems developed. Expert
testimony established that even if Mrs. Ayers had at this time realized the danger, immediate medical attention would not have prevented the oil from diffusing throughout David's lungs, reducing their ability to deliver oxygen to his blood.
Later that evening, David began to have difficulty breathing. His family took him to a hospital, where doctors placed him on a respirator. His progress was not good, and several days later he was sent to St. Louis for extracorporeal membrane oxygenation therapy, a special procedure involving pumping the blood outside the body and enriching it with oxygen. David improved slightly, but shortly after returning to Washington he suffered a cardiac arrest, which in turn led to brain damage.
Today David cannot move his arms or legs, which are stiff and spastic. He has limited control of his head movements. He cannot speak, is mentally retarded, and is subject to seizures.
David's parents and his guardian ad litem (hereafter the Ayerses) brought a product liability action against Johnson & Johnson based on failure to warn of the danger of aspirating baby oil. After a 5-week trial, the jury found in favor of the Ayerses, awarding $2 million to David and $500,000 to Mr. and Mrs. Ayers. The trial court granted Johnson & Johnson's motion for judgment notwithstanding the verdict on the grounds that the evidence failed to establish proximate causation or foreseeability of harm. The court alternatively ordered a new trial based on jury misconduct. The Court of Appeals reinstated the jury verdict. Ayers v. Johnson & Johnson Baby Prods. Co., 59 Wash. App. 287, 797 P.2d 527 (1990). We affirm the Court of Appeals.
Issues
This case presents three issues for review. First, did the Ayerses present sufficient evidence to establish
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