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BURLESON v. MEAD JOHNSON & COMPANY

No. 72-1231.

463 F.2d 180 (1972)

Mitchell Craig BURLESON, a minor, by and through Theo Burleson, as his Next Friend, Plaintiff-Appellant, v. MEAD JOHNSON & COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 28, 1972.

Attorney(s) appearing for the Case

Phil Burleson, Dallas, Tex., for plaintiff-appellant.

Mark Martin, Wilson W. Herndon, Patrick F. McGowan, Dallas Tex., Strasburger, Price, Kelton, Martin & Unis, Dallas, Tex., of counsel, for defendant-appellee.

Before DYER, Circuit Judge, SKELTON, Judge, and INGRAHAM, Circuit Judge.

PER CURIAM:

Mitchell Craig Burleson was born without arms or legs, a deformity medically known as phocomelia. His complaint alleged that his condition was directly and proximately caused by a prescriptive drug known as Oracon, an oral contraceptive manufactured by Mead Johnson. The drug was prescribed for Mrs. Burleson by her gynecologist for the regulation of her menstrual cycle. She took it over a six week period, during which time she apparently became pregnant...

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