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IN RE SABIN ORAL POLIO VACCINE PRODUCTS LIT.

No. 91-2398.

984 F.2d 124 (1993)

In re SABIN ORAL POLIO VACCINE PRODUCTS LIABILITY LITIGATION. Deborah MILLER, Individually and as Administrator of the Estate of William Miller and as mother and natural guardian of Kristen Miller and Michael Miller, minors; Randy L. Musgrove; Cynthia J. Musgrove, Plaintiffs-Appellees, and Lederle Laboratories; Connaught Laboratories, Ltd., Plaintiffs, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 21, 1993.

Attorney(s) appearing for the Case

Rupert Mark Mitsch, Sr. Trial Counsel, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, DC, argued (Stuart M. Gerson, Asst. Atty. Gen., Jeffrey Axelrad, Director, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, DC, Richard D. Bennett, U.S. Atty., Baltimore, MD, Margaret Jane Porter, Chief Counsel, and Ann H. Wion, Associate Chief Counsel for Drugs and Biologics, Food & Drug Admin., Dept. of Health and Human Services, Rockville, MD, on brief), for appellant.

Marc Simon Moller, Kreindler & Kreindler, New York City, argued (Stanley P. Kops, Philadelphia, PA, on brief), for appellees.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

PER CURIAM:

The United States appeals judgments awarding damages to Randy Musgrove and to the administratrix of the estate of William Miller for injuries caused by live trivalent and polio vaccine approved by the Department of Biological Services (DBS) in violation of pertinent regulations. Infants who had been vaccinated with live polio vaccine transmitted type III, crippling poliomyelitis to their respective fathers, Musgrove and Miller. The judicial...

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