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MERRELL DOW PHARMACEUTICALS, INC. v. HAVNER

No. 95-1036.

953 S.W.2d 706 (1997)

MERRELL DOW PHARMACEUTICALS, INC., Petitioner, v. Ernest HAVNER and Marilyn Havner on Behalf of their minor child Kelly HAVNER, Respondents.

Supreme Court of Texas.

Decided July 9, 1997.

Order Overruling Rehearing November 13, 1997.

Attorney(s) appearing for the Case

John L. Hill, Austin, Russell W. Miller, Dallas, James E. Essig, Kamela Bridges, Houston, Robert L. Dickson, Hall R. Marston, George E. Berry, Santa Monica, CA, Gene M. Williams, Beaumont, Rob L. Wiley, Steven Goode, Austin, for Petitioner.

Guy H. Allison, Kevin W. Grillo, Corpus Christi, Barry J. Nace, Washington, DC, Roberrt C. Hilliard, Corpus Christi, Rebecca E. Hamilton, Rockwall, John T. Flood, Corpus Christi, for Respondents.

OWEN, Justice, delivered the opinion of the Court in which PHILLIPS, Chief Justice, and GONZALEZ, HECHT, CORNYN, ENOCH and ABBOTT, Justices, join.

The issue in this case is whether there is any evidence that the drug Bendectin caused Kelly Havner to be born with a birth defect. We hold that the evidence offered is legally insufficient to establish causation. Accordingly, we reverse the judgment of the court of appeals. 907 S.W.2d 535

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