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ROHRBOUGH v. WYETH LABORATORIES, INC.

No. 89-3315.

916 F.2d 970 (1990)

Tyressa Jane ROHRBOUGH, an infant who sues by Donald E. Rohrbough, her parent and next friend, and Donald E. Rohrbough and Debby S. Rohrbough, individually, Plaintiff-Appellant, v. WYETH LABORATORIES, INC., a corporation, Defendant-Appellee, United States of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 23, 1990.

Attorney(s) appearing for the Case

Jerald Elton Jones (argued), Kathryn K. Allen (on brief), West & Jones, Clarksburg, W.Va., for plaintiff-appellant.

Lowell Steven Fine (argued), Alembik, Fine & Callner, P.A., Atlanta, Ga., John M. Slack, III, Jackson & Kelly, Charleston, W.Va., Hedy M. Powell, Julia Feliciano, Wyeth-Ayerst Laboratories, Michael T. Scott, Reed, Smith, Shaw & McClay (on brief), Philadelphia, Pa., for defendant-appellee.

Stuart M. Gerson, Asst. Atty. Gen., Michael Jay Singer, William G. Cole, Civ. Div., U.S. Dept. of Justice, Michael J. Asture, General Counsel, Dept. of Health and Human Services, Washington, D.C., Catherine C. Lorraine, Associate Chief Counsel for Enforcement, Food & Drug Admin., Rockville, Md., for amicus curiae.

Before WIDENER, PHILLIPS and MURNAGHAN, Circuit Judges.

WIDENER, Circuit Judge:

Tyressa J. Rohrbough and her parents, Donald E. and Debby S. Rohrbough, appeal from the district court's grant of summary judgment against them in their products liability action against Wyeth Laboratories, Inc. (Wyeth). Because we agree with the district court that plaintiffs adduced insufficient evidence that Wyeth's product caused the injuries in question, we affirm.

In reviewing the district...

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