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HOLLEY v. BURROUGHS WELLCOME CO.

No. 361A85.

348 S.E.2d 772 (1986)

Dianne HOLLEY, Individually, Greg L. Hinshaw, Guardian of the Estate of Ervin Lee Holley and Dianne Holley, Guardian of the Person of Ervin Lee Holley v. BURROUGHS WELLCOME CO., A North Carolina Corporation, and Ayerst Laboratories: A Division of American Home Products Corporation.

Supreme Court of North Carolina.

October 7, 1986.

Attorney(s) appearing for the Case

McCain & Essen by Grover C. McCain, Jr., and Jeff Erick Essen, Chapel Hill, for plaintiffs-appellees.

Richard B. Conely, Fuquay-Varina, for defendant-appellant, Burroughs Wellcome Co.

Newsom, Graham, Hedrick, Bryson & Kennon by E.C. Bryson, Jr., Joel M. Craig and Ann Windon Craver, Durham, for defendant-appellant, American Home Products Corp.

FRYE, Justice.

Ervin Lee Holley was admitted to the Duke University Medical Center on 5 April 1976 for elective knee surgery. He was twenty-one years old and generally of good physical and mental health. The surgical procedure performed on 6 April 1976, however, resulted in severe irreversible brain damage to Mr. Holley.

On 31 December 1980, the guardians of the person and estate of Ervin Lee Holley filed a complaint against defendant pharmaceutical companies...

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