BAKER v. LEDERLE LABORATORIES


696 S.W.2d 890 (1985)

Melissa J. BAKER, a minor b/n/f John T. Baker, et ux., Plaintiff-Appellant, v. LEDERLE LABORATORIES, Merck, Sharp & Dohme and Merrell Dow Pharmaceuticals, Inc., Defendants-Appellees.

Court of Appeals of Tennessee, Eastern Section.

Permission to Appeal Denied September 3, 1985.


Attorney(s) appearing for the Case

Richard L. Banks, Cleveland, Robert Kaufman, Gaylord, Mich., for plaintiff-appellant.

Paul R. Leitner, William F. Godbold III, Chattanooga, for Lederle Laboratories, defendant-appellee.

E. Blake Moore, Chattanooga, for Merck Sharp & Dohme, defendant-appellee.

Douglas L. Dutton, Robert R. Campbell, Knoxville, for Merrell Dow Pharmaceuticals Inc., defendant-appellee.

Steven A. Hart, Asst. Atty. Gen., Nashville, for State of Tenn., defendant-appellee; W.J. Michael Cody, Attorney General & Reporter, Nashville, of counsel.


OPINION

FRANKS, Judge.

In this action, the minor plaintiff alleged injury from three immunizations manufactured by the defendants. Responding to motions for summary judgment, the trial court granted judgment to defendants, Lederle Laboratories and Merck, Sharp & Dohme, on the so-called government contract defense1 and to defendant, Merrell Dow Pharmaceuticals, Inc., on the ground plaintiff failed to establish a disputed issue...

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