COSGROVE v. MERRELL DOW PHARMACEUTICALS

No. 17451.

788 P.2d 1293 (1989)

117 Idaho 470

Sally COSGROVE, By and Through her guardian ad litem, Linda WINFREE; and Linda Winfree, individually, Plaintiffs-appellants, v. MERRELL DOW PHARMACEUTICALS, INC., Defendant-respondent.

Supreme Court of Idaho.

On Rehearing March 29, 1990.


Attorney(s) appearing for the Case

Imhoff & Lynch, Boise, Harney, Wolfe, Pagliuso, Shaller & Carr, Los Angeles, Cal., for plaintiffs-appellants. David H. Harney and Michael W. Moore, Boise, argued.

Quane, Smith, Howard & Hull, Boise, Dickson, Carlson & Campillo, Santa Monica, Cal., for defendant-respondent. Robert Dato and Jeffrey Carlson, argued.


BAKES, Chief Justice.

Plaintiffs Linda Winfree and her daughter, Sally Cosgrove, sued defendant Merrell Dow Pharmaceuticals, Inc. (Merrell Dow), for birth defects suffered by Cosgrove, allegedly as a result of Winfree's ingestion of the "anti-morning sickness" drug, Bendectin, during her pregnancy. This is one of a series of Bendectin cases filed nationwide. Summary judgment was granted for defendant on Winfree's individual...

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