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NATIONAL BANK OF COMMERCE v. KIMBERLY-CLARK CORP.

No. 93-3012.

38 F.3d 988 (1994)

NATIONAL BANK OF COMMERCE OF EL DORADO, as Administrator of the Estate of Margaret Armon Wilson, Deceased, Appellant, v. KIMBERLY-CLARK CORPORATION, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 25, 1994.

Rehearing and Suggestion for Rehearing Denied December 19, 1994.

Attorney(s) appearing for the Case

James B. McMath, Little Rock, AR, argued (Sandy S. McMath, on the brief), for appellant.

James K. Horstman, Chicago, IL, argued (Barry L. Kroll, Rodney VanAusdal and Lloyd E. Williams, Jr., on the brief), for appellee.

Before FAGG, Circuit Judge, HEANEY, Senior Circuit Judge, and LOKEN, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied December 19, 1994.

HEANEY, Senior Circuit Judge.

Margaret Armon Wilson allegedly died as a result of toxic shock syndrome (TSS) caused by her use of tampons manufactured by Kimberly-Clark Corporation. The administrator of her estate, National Bank of Commerce of El Dorado, sued Kimberly-Clark for wrongful death, asserting that Kimberly-Clark failed to test, design, manufacture, and label its tampons adequately...

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