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MARTIN v. MERRELL DOW PHARMACEUTICALS, INC.

No. 87-3753.

851 F.2d 703 (1988)

Theodora Hope MARTIN, an individual William Martin, an individual, and Louise Martin, an individual, Appellants v. MERRELL DOW PHARMACEUTICALS, INC. formerly known as Merrell-National Laboratories, a Division of Richardson Merrell, Inc.

United States Court of Appeals, Third Circuit.

Decided July 20, 1988.

Attorney(s) appearing for the Case

Louis M. Tarasi, Jr., Joseph J. Hinchliffe, Tarasi & Johnson, P.C., Pittsburgh, Pa., for appellants.

Frank C. Woodside, III, John E. Schlosser, Thomas C. Donnelly, Frederick M. Erny, Dinsmore & Shohl, Cincinnati, Ohio, Raymond G. Hasley, C. Andrew McGhee, Rose, Schmimdt, Hasley & Disalle, Pittsburgh, Pa., for appellee.

Before STAPLETON, GREENBERG, and ROSENN, Circuit Judges.

Submitted Pursuant to Third Circuit Rule 12(6) June 6, 1988.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Appellant Theodora Martin was born with serious birth defects. In this suit, she and her parents, Louise and William Martin, seek damages from Merrell Dow Pharmaceutical Inc. (Merrell Dow), the manufacturer of Bendectin, a drug prescribed for treatment of nausea associated with pregnancy. The Martins allege that Theodora's birth defects resulted...

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