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REYES v. WYETH LABORATORIES

No. 72-2251.

498 F.2d 1264 (1974)

Epifanio REYES, Individually and as next Friend of Anita Reyes, a minor, Plaintiff-Appellee, v. WYETH LABORATORIES, a Division of American Home Products Corporation, a Delaware corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 31, 1974.

Attorney(s) appearing for the Case

Loyd E. Bingham, Jr., San Antonio, Tex., Eberle, Berlin, Kading, Turnbow & Gillespie, R. B. Kading, Jr., William J. McKlveen, Boise, Idaho, for defendant-appellant.

Daniel R. Murray, Chicago, Ill., for American Academy of Pediatrics, amicus curiae.

William J. Curran, Boston, Mass., for Conference of State and Territorial Epidemiologists, amicus curiae.

Rafael H. Flores, J. Perry Jones, McAllen, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and WISDOM and AINSWORTH, Circuit Judges.

WISDOM, Circuit Judge:

This products liability case raises significant questions concerning the scope of a drug manufacturer's duty to warn ultimate consumers of dangers inherent in his product.

In May 1970, slightly more than two weeks after she had received a dose of Wyeth Laboratories' oral polio vaccine, eight-month-old Anita Reyes was diagnosed as having paralytic poliomyelitis. Epifanio Reyes, Anita's father, filed suit against Wyeth Laboratories, alleging...

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