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CHAPMAN v. AMERICAN CYANAMID CO.

No. 88-8000.

861 F.2d 1515 (1988)

Robb S. CHAPMAN and Leslie Chapman, as Parents of Deceased, John S. Chapman, and Robb S. Chapman, as Administrator of the Estate of John S. Chapman, Deceased, Plaintiffs/Appellants, v. AMERICAN CYANAMID CO., a Maine Corporation, Wyeth Laboratories, Division of American Home Products Corporation, a Delaware Corporation, and Wyeth Laboratories, Inc., a New York Corporation, Defendants/Appellees.

United States Court of Appeals, Eleventh Circuit.

December 20, 1988.

Attorney(s) appearing for the Case

Martin M. Pollock, Cohen, Pollock & Merlin, Atlanta, Ga., Anthony M. Colantoni, McDowell & Colantoni, Ltd., Susan Kathleen Sulfaro, Chicago, Ill., for plaintiffs-appellants.

David Kiser Whatley, Fortson & White, Mark Edward Colm, Atlanta, Ga., for American Cyanamid Co.

Lowell Steven Fine, Alembik Fine & Callner, Harvey R. Spiegel, Jane Fugate Thorpe, Atlanta, Ga., for Wyeth Labs.

Before TJOFLAT and FAY, Circuit Judges, and FAWSETT, District Judge.

FAWSETT, District Judge:

Six-week old John Chapman died on September 26, 1984, five days after he was inoculated with diphtheria-tetanus-pertussis ("DTP") vaccine. Thereafter, his parents, Robb and Leslie Chapman, filed a Complaint seeking compensation for their son's death against American Cyanamid Co. ("Lederle")1, and against Wyeth Laboratories Division of American Home Products Corporation and Wyeth Laboratories, Inc., (collectively...

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