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IN RE BENDECTIN LITIGATION

Nos. 85-3858, 85-3876 and 85-3877.

857 F.2d 290 (1988)

In re BENDECTIN LITIGATION. Sarah Ann HOFFMAN; et al. (85-3858), Elizabeth Ann Davis; et al. (85-3876), Shane Ross Wood; et al. (85-3877), Plaintiffs-Appellants, v. MERRELL DOW PHARMACEUTICALS, INC., (formerly known as) Richardson-Merrell, Inc., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 30, 1988.

Attorney(s) appearing for the Case

Richard W. Langerman, Langerman, Begam, Lewis & Marks, Phoenix, Ariz., for Davis.

Raymond Henke (argued), James G. Butler, Butler, Dan, Allis & Rebach, Los Angeles, for Wood.

Stanley M. Chesley, Waite, Schneider, Bayles & Chesley, Cincinnati, Ohio, Allen T. Eaton, Washington, D.C., George A. Kokus, Miami, Fla., and Thomas H. Bleakley, Bleakley & McKeen, Detroit, Mich., for Hoffman.

Frank C. Woodside, III (argued), Dinsmore & Shohl, Cincinnati, Ohio, Vincent Stamp, for defendant-appellee.

Before ENGEL, Chief Judge, and JONES and NELSON, Circuit Judges.

ENGEL, Chief Judge.

These actions were brought on behalf of children with birth defects against Merrell Dow Pharmaceuticals, Inc., alleging that their birth defects were caused by their mothers' ingestion during pregnancy of defendant's anti-nausea drug Bendectin. Immediately involved are eleven hundred eighty claims in approximately eight hundred forty-four multidistrict cases.1 These cases represent only a part of the Bendectin cases...

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