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FOSTER v. AMERICAN HOME PRODUCTS CORP.

Nos. 93-1627, 93-1664.

29 F.3d 165 (1994)

Craig FOSTER; Karen Foster, as parents and next friends, Guardians and/or Administrators of the Estate of Brandy Foster, Plaintiffs-Appellants, v. AMERICAN HOME PRODUCTS CORPORATION, Defendant-Appellee, and Barre-National Corporation, Defendant. Craig FOSTER; Karen Foster, as parents and next friends, Guardians and/or Administrators of the Estate of Brandy Foster, Plaintiffs-Appellees, v. AMERICAN HOME PRODUCTS CORPORATION, Defendant-Appellant, and Barre-National Corporation, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided July 14, 1994.

Attorney(s) appearing for the Case

ARGUED: Richard L. Duncan, Gilreath & Associates, Knoxville, TN, for appellants. Deborah Sweet Byrnes, Whiteford, Taylor & Preston, Towson, MD, for appellee. ON BRIEF: Karl J. Nelson, Whiteford, Taylor & Preston, Towson, MD, for appellee.

Before NIEMEYER and HAMILTON, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

Affirmed by published opinion. Senior Judge CHAPMAN wrote the opinion, in which Judge NIEMEYER and Judge HAMILTON joined.

OPINION

CHAPMAN, Senior Circuit Judge:

American Home Products Corporation/Wyeth-Ayerst ("Wyeth") is a prescription drug manufacturer. Craig and Karen Foster brought suit against Wyeth when their daughter Brandy died after being given the generic equivalent of one of Wyeth's brand name prescription drugs. The district court granted...

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