SORENSEN BY AND THROUGH DUNBAR v. SHAKLEE CORP.

No. 93-3454.

31 F.3d 638 (1994)

Kristofer SORENSEN, a Minor, By and Through his Parent and Next Friend, Laura E. DUNBAR; Katrina Sorensen, a Minor, by and through her Parent and Next Friend Laura E. Dunbar, Appellants, v. SHAKLEE CORPORATION, also known as Shaklee Products, Inc.; Union Carbide Chemicals & Plastics Company, formerly known as Union Carbide Company, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 2, 1994.


Attorney(s) appearing for the Case

James R. Welsh, Omaha, NE, argued, for appellants.

Dennis M. Gray, Council Bluffs, IA, argued, for appellee Shaklee.

Rex A. Rezac, Omaha, NE, argued (Scott J. Rogers, John E. Carne, Ezra Hendon, Adrienne Larkin, Joseph K. Meusey, Marjorie L. Fine, and Robert F. Rossiter, Jr., on the brief), for appellee Union Carbide.

Before BOWMAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and LOKEN, Circuit Judge.


BRIGHT, Senior Circuit Judge.

Kristofer and Katrina Sorensen have suffered from mental retardation since birth, allegedly caused by their parents' ingestion, prior to the children's conception, of alfalfa health food tablets produced and distributed as a Shaklee product by defendant Shaklee Corporation (Shaklee). Some of these alfalfa tablets had been treated with the chemical ethylene oxide (EtO), leaving on some a chemical residue of ethylene chlorohydrin (ETCH...

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