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ACKLEY v. WYETH LABORATORIES, INC.

No. 89-3821.

919 F.2d 397 (1990)

Melanie Sue ACKLEY, by next friend Tami Sue Ackley, Plaintiffs-Appellants, v. WYETH LABORATORIES, INC., and Wyeth Laboratories Division of American Home Products Corporation, Defendants-Appellees, Prentice Hall Corporation System; Sooja Kim, M.D.; Madison Pediatrics, Inc., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided November 26, 1990.

Attorney(s) appearing for the Case

Jeffrey L. Maloon, Maloon & Maloon, Columbus, Ohio and Joseph M. Farrell, Jr. (argued), Hunt & Wilson, Huntington, W.Va., for plaintiffs-appellants.

John M. Mahota, Baker & Hostetler, Columbus, Ohio, Wayne C. Dabb, Albert J. Knopp (argued), Mary M. Bittence, J. Jeffery Zimmerman, Baker & Hostetler, Cleveland, Ohio, Hedy M. Powell, Wyeth-Ayerst Laboratories, Legal Div.; Michael T. Scott, Reed, Smith, Shaw & McClay, Philadelphia, Pa., and Julia Feliciano, Wyeth Laboratories, Inc., Radnor, Pa., for defendants-appellees.

Before KRUPANSKY and BOGGS, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

BOGGS, Circuit Judge.

Melanie Sue Ackley and her mother brought this diversity action against Wyeth Laboratories for injuries allegedly caused by the pertussis (whooping cough) component of a vaccine produced by Wyeth and administered to Ackley as an infant. We affirm the district court's grant of summary judgment to Wyeth.

I.

Wyeth Laboratories (Wyeth) manufactures a DTP (diptheria, tetanus, and pertussis) vaccine that is widely administered to...

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