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WILSON v. MERRELL DOW PHARMACEUTICALS, INC.

No. 88-1058.

893 F.2d 1149 (1990)

Brent Ryan WILSON, an infant By and Through his natural guardians and parents, Susan and Ted WILSON; Susan Wilson and Ted Wilson, individually, Plaintiffs-Appellants, v. MERRELL DOW PHARMACEUTICALS INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 8, 1990.

Attorney(s) appearing for the Case

Barry J. Nace, Washington, D.C. (Don L. Dees, Tulsa, Okl., with him on the brief) for plaintiffs-appellants.

Robert L. Dickson of Dickson, Carlson & Campillo, Santa Monica, Cal. (George E. Berry and Robert M. Dato of Dickson, Carlson, & Campillo, Santa Monica, Cal., and Dan A. Rogers and Douglas W. Golden of Rogers, Honn & Associates, Tulsa, Okl., were on the brief) for defendant-appellee.

Before HOLLOWAY, Chief Judge, HENLEY and EBEL, Circuit Judges.

HENLEY, Senior Circuit Judge.

Brent Ryan Wilson, along with his parents, Susan and Ted Wilson, brought a diversity suit against Merrell Dow Pharmaceuticals Inc. (Merrell Dow), alleging that Bendectin, a drug manufactured by Merrell Dow's predecessor Richardson-Merrell, Inc.1 and prescribed for Mrs. Wilson to alleviate morning sickness during her pregnancy with Brent, caused him to be born missing...

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