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DeLUCA BY DeLUCA v. MERRELL DOW PHARMACEUTICALS

Civ. No. 87-226 (GEB).

791 F.Supp. 1042 (1992)

Amy DeLUCA, an infant by her guardian ad litem, Cindy DeLUCA, and Cindy DeLuca and Ronald DeLuca, Plaintiffs, v. MERRELL DOW PHARMACEUTICALS, INC., et al., Defendants.

United States District Court, D. New Jersey.

As Amended May 11, 1992.

Attorney(s) appearing for the Case

Susan Scott, Riker, Danzig, Scherer, Hyland & Perretti, Morristown, N.J., Frank C. Woodside, III, Dinsmore & Shohl, Cincinnati, Ohio, for defendant Merrell Dow Pharmaceuticals, Inc.

John R. Connelly, Jr., Drazin and Warsaw, P.C., Red Bank, N.J., for plaintiffs.

OPINION

GARRETT E. BROWN, Jr., District Judge.

This action arises out of birth defects suffered by the plaintiff Amy DeLuca. Amy DeLuca brought suit through her mother and guardian ad litem, Cindy DeLuca, who with her husband, joined as plaintiffs in their individuals capacities. Plaintiffs allege that the birth defects (limb reduction) suffered by Amy DeLuca were caused by her mother's exposure to Bendectin, an anti-nausea drug produced by the Defendant...

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