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SANDBERG v. WHITE LABORATORIES, INC.

No. 820, Docket 88-7971.

871 F.2d 3 (1989)

Susan SANDBERG, Joel Sandberg, Plaintiffs-Appellants, v. WHITE LABORATORIES, INC., A DIVISION OF SCHERLING CORPORATION, a New Jersey Corp., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 13, 1989.

Attorney(s) appearing for the Case

William D. Fireman, New York City (Alfred S. Julien, Julien & Schlesinger, P.C., New York City, of counsel), for plaintiffs-appellants.

Jeffrey Silberfeld, Uniondale, N.Y., (Henry R. Simon, White Plains, N.Y., James B. Rather, Eugene S.R. Pagano, Rivkin, Radler, Dunne & Bayh, Uniondale, N.Y., of counsel), for defendant-appellee.

Before LUMBARD and MINER, Circuit Judges, and SPRIZZO, District Judge.

PER CURIAM:

Sometime during 1951-1952, the mother of plaintiff-appellant Susan Sandberg, while pregnant with Susan, ingested dienestrol ("DEN"), a drug manufactured by defendant-appellee White Laboratories, Inc. ("White"). Years after her birth, Susan developed a damaged cervix uteri and became sterile.

Susan and her husband Joel commenced this action on March 7, 1987 in New York State Supreme Court, seeking to recover damages for the injuries to Susan and...

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