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STANTON BY BROOKS v. ASTRA PHARMACEUTICAL PRODUCTS

Nos. 82-3364, 82-3380.

718 F.2d 553 (1983)

Harrikah I. STANTON, a Minor, by Ruby BROOKS (nee Stanton), her Parent and Guardian, and Ruby Brooks, Appellees in No. 82-3364, Cross-Appellants in No. 82-3380, v. ASTRA PHARMACEUTICAL PRODUCTS, INC., Appellant in No. 82-3364, Cross-Appellee in No. 82-3380.

United States Court of Appeals, Third Circuit.

Decided September 26, 1983.

Attorney(s) appearing for the Case

James W. Evans (argued), Goldberg, Evans & Katzman, P.C., William D. Boswell, Berman, Boswell & Tintner, Harrisburg, Pa., for Astra Pharmaceutical Products, Inc.

Frank M. McClellan (argued), Phoebe H. Northcross, Philadelphia, Pa., Allen T. Eaton, Allen T. Eaton & Associates, Washington, D.C., for Harrikah I. Stanton and Ruby Brooks.

Before ADAMS, WEIS and BECKER, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

On December 2, 1971, Harrikah I. Stanton, then eight months old, suffered an adverse reaction to Xylocaine, a local anesthetic, and experienced cardiac and respiratory arrest, resulting in severe and irreversible brain damage. Ruby Brooks, Harrikah's mother, brought this diversity negligence and products liability action on behalf of herself and her daughter (the "plaintiffs") against Xylocaine's manufacturer,...

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