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URLAND v. MERRELL-DOW PHARMACEUTICALS

No. 86-1623.

822 F.2d 1268 (1987)

Julie Beth URLAND, an infant By and Through William Charles URLAND and Chloe Jill Urland, her natural guardians, and William Charles Urland and Chloe Jill Urland, individually, Appellants, v. MERRELL-DOW PHARMACEUTICALS, INC.

United States Court of Appeals, Third Circuit.

Decided June 24, 1987.

Rehearing and Rehearing Denied July 17, 1987.

Attorney(s) appearing for the Case

W. David Allen (argued), Allen T. Eaton, Allen T. Eaton & Associates, Washington, D.C., Frank M. McClellan, Temple University School of Law, Philadelphia, Pa., for appellants.

Frank C. Woodside, III (argued), John E. Schlosser, K.C. Green, Kathleen W. Kolodgy, Janet G. Abaray, Dinsmore & Shohl, Cincinnati, Ohio, James M. Beck, Edward W. Madeira, Nina M. Gussack, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellee.

Before SLOVITER and BECKER, Circuit Judges, and FISHER, District Judge.

Rehearing and Rehearing In Banc Denied July 17, 1987.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Dismissal of an action on the grounds of the statute of limitations is particularly anguishing when the victim is a minor, the injury grievous, and the alleged wrongful act repellent, if true. See O'Brien v. Eli Lilly & Co., 668 F.2d 704, 712 (3d Cir.1982) (Sloviter, J., concurring). Nonetheless, we are...

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