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  5. 942 F.2d 1173 (1991)
 

TODD BY TODD v. MERRELL DOW PHARMACEUTICALS, INC.

Nos. 90-1716, 90-1817.

942 F.2d 1173 (1991)

David TODD, by his natural mother and next friend Billie L. TODD, Plaintiff-Appellant/Cross-Appellee, v. MERRELL DOW PHARMACEUTICALS, INCORPORATED, Defendant-Appellee/Cross-Appellant, and Astra Pharmaceutical Products, Incorporated, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 9, 1991.

Petition to Modify Opinion to conform to Record Granted in Part October 18, 1991.

Attorney(s) appearing for the Case

Virginia B. Fischer and Gordon B. Dempsey (argued), Sutherlin & Dempsey, Indianapolis, Ind., for plaintiff-appellant.

John T. Murphy, Ice, Miller, Donadio & Ryan, R. Robert Stommel (argued), Lewis, Bowman, St. Clair & Wager, Indianapolis, Ind., for defendant-appellee Astra Pharmaceutical Products, Inc.

Bonnie L. Gallivan (argued), Terri A. Czajka, Ralph A. Cohen, John T. Murphy, Ice, Miller, Donadio & Ryan, Indianapolis, Ind., for defendant-appellee Merrell Dow Pharmaceuticals, Inc.

Before BAUER, Chief Judge, and WOOD, Jr. and CUDAHY, Circuit Judges.

CUDAHY, Circuit Judge.

On behalf of her four-year-old son David Todd, Billie Todd brought suit in the Marion County Superior Court against defendants Merrell Dow Pharmaceuticals, Incorporated (Merrell Dow) and Astra Pharmaceutical Products, Incorporated (Astra). Todd alleges that David suffers chronic respiratory problems as a result of his exposure to Bricanyl — a drug manufactured by Merrell Dow — while he was in the womb. Merrell Dow and Astra petitioned...

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