Tracy Isabel ABBOT, a minor who sues by her mother and next friend Deborah ABBOT, Plaintiff-Appellant,
v.
AMERICAN CYANAMID CO., a Maine Corp., Defendant-Appellee,
Pharmaceutical Manufacturers Association; American Academy of Family Physicians; United States of America, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued January 4, 1988.
Decided April 20, 1988.
Attorney(s) appearing for the Case
Michael Hersch Gottesman (Barbara E. Bergman, David A. Sklansky, Cynthia L. Estlund, Deborah C. Malamud, Bredhoff & Kaiser, Washington, D.C., Anthony M. Colantoni, Martin Preiser; McDowell & Colantoni, Ltd., Chicago, Ill., Robert J. Zelnick; Szabo, McCarthy, Quito, Webb & Zelnick, Woodbridge, Va., on brief), for plaintiff-appellant.
Lloyd Norton Cutler (James Robertson, Ronald J. Greene, Michael Stevenson, Robert C. Longstreth, Wilmer, Cutler & Pickering, Edwin A. Williams, Kellogg, Williams & Lyons, Washington, D.C., on brief), for defendant-appellee.
Ronald E. Robertson, Gen. Counsel, Dept. of Health & Human Services, Catherine C. Lorraine, Associate Chief Counsel, Washington, D.C., for Enforcement, Food & Drug Admin.
Richard K. Willard, Asst. Atty. Gen. (John F. Cordes, Irene M. Solet, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., on brief), for amicus curiae U.S.
Richard F. Kingham, Bruce N. Kuhlik, Covington & Burling (Bruce J. Brennan, Edwin C. Mulcahy, Washington, D.C., Pharmaceutical Mfrs. Ass'n, on brief), for amicus curiae Pharmaceutical Mfrs. Ass'n in support of defendant-appellee.
Gerald W. Gorman, John A. Vering, III (Dietrich, Davis, Dicus, Rowlands, Schmitt & Gorman, Kansas City, Mo., on brief), for amicus curiae American Academy of Family Physicians in support of defendant-appellee.
Before MURNAGHAN, SPROUSE, and WILKINS, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
MURNAGHAN, Circuit Judge:
Plaintiff, Tracy Abbot, whose name throughout is sometimes inconsistently spelled as "Abbott", is a four year old child suffering neurologic injuries. She alleges that they result from inoculation in August 1983 of Tri-Immunol, a diptheria-tetanus-pertussis (DTP) vaccine manufactured by Lederle Laboratories, a division of defendant American Cyanamid Co. Plaintiff brought suit under three counts: (1) strict liability, (2) breach of implied...
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