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BROCK v. MERRELL DOW PHARMACEUTICALS, INC.

No. 88-2311.

874 F.2d 307 (1989)

Mr. and Mrs. Floyd BROCK, individually and as next friend of Rachel Brock, a minor, Plaintiffs-Appellees, v. MERRELL DOW PHARMACEUTICALS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 6, 1989.

Attorney(s) appearing for the Case

O.J. Weber, Mehaffey, Weber, Keigh & Gonsoulin, Beaumont, Tex., Robert M. Dato, Santa Monica, Cal., Ramey, Flock, Hutchins, Jeffus, McClendon & Crawford, P.C., Tyler, Tex., for defendant-appellant.

Thomas H. Bleakley, Detroit, Mich., W. James Kronzer, Richard Warren Mithoff, Houston, Tex., for plaintiffs-appellees.

Before GARZA, JOLLY, and JONES, Circuit Judges.

GARZA, Circuit Judge:

Mr. & Mrs. Floyd Brock filed suit in federal district court on behalf of their minor child, Rachel Brock, to recover damages for birth defects that allegedly resulted from Mrs. Brock's ingestion during her pregnancy of the anti-nausea drug Bendectin, which is manufactured by Merrell-Dow Pharmaceuticals, Inc. ("Merrell-Dow"). The Brocks obtained a jury verdict in the amount of $550,000 against Merrell-Dow, representing $240,000 in compensatory...

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