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MERRELL DOW PHARMACEUTICALS v. OXENDINE

No. 92-CV-1129.

649 A.2d 825 (1994)

MERRELL DOW PHARMACEUTICALS INC., Appellant, v. Mary Virginia OXENDINE, Appellee.

District of Columbia Court of Appeals.

Decided November 9, 1994.

Attorney(s) appearing for the Case

Walter A. Smith, Jr., with whom Stephen G. Vaskov and Jonathan S. Franklin, Washington, DC, were on the brief, for appellant.

Barry J. Nace, with whom Irving R.M. Panzer, Washington, DC, was on the brief, for appellee.

Before STEADMAN, SCHWELB and SULLIVAN, Associate Judges.

STEADMAN, Associate Judge:

The fourth appeal in this extended litigation raises two issues: first, whether the trial court properly ruled that neither the Federal Food, Drug, and Cosmetic Act ("FDCA"), 21 U.S.C. §§ 301-393 (1988 & Supp. V 1994), nor approval of Bendectin by the Food and Drug Administration ("FDA") preempts state1 tort law; and second, whether the trial court properly refused to reconsider the jury verdict...

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