SLU appeals from that Order. SLU argues that it did not have a full and fair opportunity to litigate whether a defective vaccine contributed to Daniel Callahan's injuries. We will affirm the judgment of dismissal if it can be sustained on any ground supported by the motion to dismiss. Although the trial court's evidentiary findings warrant deference from this Court, that deference does not apply where the law has been applied in error. We review all determinations of law de novo.
Collateral estoppel is an affirmative defense.
Sustaining a motion to dismiss based on an affirmative defense requires that the defense be irrefutably established by the pleadings. The trial court granted the motion on both grounds, determining that Hesselberg could not be liable when a Maryland federal court had already determined that SLU could not prove its theory of causation. Specifically, if SLU could not prove that the failure of Cyanamid, the drug's manufacturer, to meet federal regulations caused Danny Callahan to contract polio, then Hesselberg, the retail drug company from which the vaccine was purchased, was not strictly liable for being in the stream of commerce that caused the vaccine to be delivered to Callahan. The trial court also determined that SLU's claim against Hesselberg was barred by collateral estoppel because of the prior Maryland federal court decisions. The trial court did not err in dismissing SLU's claim.