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MAZUR v. MERCK & CO., INC.

No. 91-1613.

964 F.2d 1348 (1992)

Anthony MAZUR and Edna Mazur as Parents and Guardians of Lisa Marie Mazur, a Minor, and Anthony Mazur and Edna Mazur, in their own right, Appellants, v. MERCK & CO., INC.

United States Court of Appeals, Third Circuit.

Decided May 20, 1992.

Rehearing and Rehearing Denied June 18, 1992.

Attorney(s) appearing for the Case

David R. Dearden (argued), Thomas A. Sprague, Richard A. Sprague, Paul Crowley, Sprague, Creamer & Sprague, Philadelphia, Pa., for appellants.

Kenneth C. Frazier (argued), Joanne Lahner, Drinker, Biddle & Reath, Philadelphia, Pa., for appellee.

Before: STAPLETON, SCIRICA and ALITO, Circuit Judges.

Rehearing and Rehearing In Banc Denied June 18, 1992.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this products liability action appellants Lisa Mazur and her parents seek compensatory and punitive damages from appellee Merck & Co., Inc. for failure to warn that the use of its vaccine could result in serious neurological illness. The district court entered summary judgment for Merck on the ground...

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