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TURPIN v. MERRELL DOW PHARMACEUTICALS, INC.

No. 90-5690.

959 F.2d 1349 (1992)

Gary TURPIN, Plaintiff-Appellant, Betty Turpin, Individually and as Parent and Natural Guardian of Brandy Turpin, a Minor, Plaintiff, v. MERRELL DOW PHARMACEUTICALS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 11, 1992.

Attorney(s) appearing for the Case

Peter Perlman (briefed), Lexington, Ky., and Barry J. Nace (argued and briefed), Paulson, Nace, Norwind & Sellinger, Washington, D.C., for plaintiff-appellant.

Frank W. Woodside, III (argued and briefed), Stephen M. Rosenberger (briefed), Dinsmore & Shohl, Cincinnati, Ohio, for defendant-appellee.

Before: MERRITT, Chief Judge; KENNEDY and JONES, Circuit Judges.

MERRITT, Chief Judge.

For a judicial system founded on the premise that justice and consistency are related ideas, the inconsistent results reached by courts and juries nationwide on the question of causation in Bendectin birth defect cases are of serious concern. In this Bendectin causation case, Judge Eugene Siler concluded that the evidence adduced on summary judgment was insufficient to allow a rational jury to find...

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