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  5. 897 F.2d 1159 (1990)
 

EALY v. RICHARDSON-MERRELL, INC.

Nos. 87-7214, 87-7219.

897 F.2d 1159 (1990)

Sekou EALY, et al., Appellees, v. RICHARDSON-MERRELL, INC., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 9, 1990.

Attorney(s) appearing for the Case

Michael Nussbaum, with whom James P. Davenport, Lori E. Fox, and Mark L. Austrian, Washington, D.C., were on the brief for appellant in 87-7214 and appellee in 87-7219. Frederick D. Baker also entered an appearance for Richardson-Merrell, Inc.

Barry J. Nace, with whom Irving R.M. Panzer, Washington, D.C., was on the brief, for appellees in 89-7219 and cross-appellants in 87-7214. John J. Sellinger, Washington, D.C., also entered an appearance for Sekou Ealy, et al.

Before MIKVA, EDWARDS, and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

This appeal arises from a products liability action seeking recovery for a child's birth defects allegedly caused by the mother's use of Bendectin during her pregnancy. For over twenty-five years (1957-1983), Bendectin was a popular medication for morning sickness experienced during early pregnancy. In 1983, the manufacturer of Bendectin, Richardson-Merrell, Inc. ("Merrell"), voluntarily...

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