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CONAFAY BY CONAFAY v. WYETH LABORATORIES

No. 85-5615.

793 F.2d 350 (1986)

Stephen G. CONAFAY, an infant, by his father and next friend Stephen R. CONAFAY, et al., Appellants v. WYETH LABORATORIES, A DIVISION OF AMERICAN HOME PRODUCTS CORP., et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 1986.

Attorney(s) appearing for the Case

Jacob A. Stein, with whom Thomas G. Wilson, Washington, D.C., was on the brief, for appellants.

Edward W. Madeira, Jr., Philadelphia, Pa., a member of the Bar of the Supreme Court of Pennsylvania, pro hac vice by special leave of Court, with whom Michael T. Scott and Timothy V. Long, Washington, D.C., were on the brief, for appellees.

Before WALD, SCALIA and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge STARR.

Dissenting opinion filed by Circuit Judge SCALIA.

STARR, Circuit Judge:

Stephen R. Conafay and his infant son, Stephen G. Conafay ("Casey"), filed suit in federal district court in March 1983, alleging that Casey had been injured as a result of his vaccination with a diptheria-tetanus-pertussis ("DTP") vaccine manufactured by Wyeth Laboratories, Inc., a wholly owned subsidiary of American Home Products...

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