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DeLUCA v. MERRELL DOW PHARMACEUTICALS, INC.

No. 89-5572.

911 F.2d 941 (1990)

Amy DeLUCA, an infant by her guardian ad litem, Cindy DeLUCA and Cindy DeLuca and Ronald DeLuca, Appellants, v. MERRELL DOW PHARMACEUTICALS, INC., Dr. Patrick J. Dwyer, Dr. Teresa Benecki, Dr. Pieter J. Ketelaar, Dr. Robert E. Sexton, ind. and t/a Pineland Associates.

United States Court of Appeals, Third Circuit.

Decided August 17, 1990.

Attorney(s) appearing for the Case

John R. Connelly, Jr. (argued), Drazin and Warshaw, P.C., Red Bank, N.J., for appellants.

Susan Scott (argued), David W. Garland, Riker, Danzig, Scherer & Hyland, Morristown, N.J., for appellee Merrell Dow Pharmaceuticals.

Before BECKER, and STAPLETON, Circuit Judges and KELLY, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This is an appeal in a diversity action brought under New Jersey law by the DeLuca family against Merrell Dow Pharmaceuticals Corporation, the manufacturer of Bendectin.1 The DeLucas seek damages for severe birth defects suffered by Cindy DeLuca's daughter Amy. Amy was born with limb reduction defects of the lower extremities: the lower...

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