WELLS v. ORTHO PHARMACEUTICAL CORP.

No. 85-8683.

788 F.2d 741 (1986)

Katie Laurel WELLS, et al., Plaintiffs-Appellees, v. ORTHO PHARMACEUTICAL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied June 27, 1986.


Attorney(s) appearing for the Case

Robert L. Pennington, Atlanta, Ga., Barry L. Shapiro, Marc S. Klein, Newark, N.J., for defendant-appellant.

James C. Simmons, Jr., Atlanta, Ga., for plaintiffs-appellees.

Before GODBOLD, Chief Judge, VANCE, Circuit Judge, and THOMAS, Senior District Judge.


Rehearing and Rehearing En Banc Denied June 27, 1986.

VANCE, Circuit Judge:

Defendant Ortho Pharmaceutical Corporation ("Ortho") appeals a $5.1 million judgment in favor of plaintiffs Katie Laurel Wells, an infant, Mary Maihafer, her mother, and Gary Wells, her father, under theories of negligent failure to warn and strict liability. The case concerns a spermicide manufactured by Ortho that allegedly caused Katie Wells to be born with birth defects. After...

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