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SHADBURNE-VINTON v. DALKON SHIELD CLAIMANTS TRUST

No. 94-1820.

60 F.3d 1071 (1995)

Susan SHADBURNE-VINTON, Plaintiff-Appellant, and William G. Vinton, Plaintiff, v. DALKON SHIELD CLAIMANTS TRUST, Defendant-Appellee. Oregon Trial Lawyers Association; Pharmaceutical Research and Manufacturers of America; The American Insurance Association, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided July 26, 1995.

Attorney(s) appearing for the Case

ARGUED: Michael Albert Pretl, Pretl & Erwin, P.A., Baltimore, MD, for appellant. Dino Santo Sangiamo, Venable, Baetjer & Howard, Baltimore, MD, for appellee. ON BRIEF: Paul F. Strain, Elizabeth C. Honeywell, Venable, Baetjer & Howard, Baltimore, MD, for appellee. Arthur C. Johnson, Douglas C. Schaller, Johnson, Clifton, Larson & Corson, P.C., Eugene, OR, for amicus curiae Oregon Trial Lawyers; Bruce J. Brennan, Marjorie E. Powell, Washington, DC, for amicus curiae Pharmaceutical Research; Robert E. Scott, Jr., Christopher W. Poverman, Semmes, Bowen & Semmes, Baltimore, MD, for amicus curiae Ins. Ass'n.

Before RUSSELL and WIDENER, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

Reversed by published opinion. Senior Judge CHAPMAN wrote the opinion, in which Judge RUSSELL joins. Judge WIDENER wrote a dissenting opinion.

OPINION

CHAPMAN, Senior Circuit Judge:

Appellant Susan Shadburne-Vinton ("Shadburne") was injured by a Dalkon Shield Intrauterine Device ("IUD") manufactured by A.H. Robins Company ("Robins") that she used from March, 1974 until December, 1976. She filed suit against Robins in January, 1983 in the United States...

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