Peggy GRUCA, formerly known as Peggy Poole, individually and as administrator of the Estate of Stephen Poole, deceased, Heather Renae Poole and Kelly Jean Poole, minors, by their mother, Peggy Gruca, formerly known as Peggy Poole, as next friend, Plaintiffs-Appellants,
v.
ALPHA THERAPEUTIC CORPORATION, a foreign corporation, Miles Laboratories, Inc., a foreign corporation doing business as Cutter Laboratories, Inc., a foreign corporation, Armour Pharmaceutical Company, a division of Rorer, Inc., a foreign corporation, and Baxter Travenol Laboratories, Inc., doing business as Hyland Therapeutics Division, Defendants-Appellees.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued January 17, 1995.
Decided March 24, 1995.
Attorney(s) appearing for the Case
William J. Harte (argued), Joan M. Mannix, Harte & Associates, Chicago, IL, for Peggy Gruca, Heather R. Poole, Kelly J. Poole.
Martha D. Owens, Anne G. Kimball, Mary E. Ruether, Wildman, Harrold, Allen & Dixon, Howard T. Brinton, Brinton & Fedota, Chicago, IL, Edwin W. Green, Bronson & McKinnon, Los Angeles, CA, David I. Bell, Knapp, Peterson & Clarke, Glendale, CA, Lindley J. Brenza (argued), Adam L. Hoeflich, Fred H. Bartlit, Jr., Bartlit, Beck, Herman, Palenchar & Scott, Chicago, IL, for Alpha Therapeutic Corp.
Thomas H. Fegan, Mindy Kallus, Kevin J. Greenwood, Pamela L. Gellen, Mary E. Lopez, Johnson & Bell, Chicago, IL, Duncan Barr, O'Connor, Cohn, Dillon & Barr, San Francisco, CA, for Miles Laboratories, Inc.
Douglas F. Fuson, Sara J. Gourley, Lory A. Barsdate, Steven J. Ellison, Sidley & Austin, Chicago, IL, for Armour Pharmaceutical Co.
John P. Scotellaro, Bell, Boyd & Lloyd, Chicago, IL, Marla S. Persky, Baxter Travenol Laboratories, Inc., Deerfield, IL, Richard L. Berkman, Robert A. Limbacher, Dechert, Price & Rhoads, Philadelphia, PA, Charles G. Albert (argued), Allison L. Wood, Albert, Bates, Whitehead & McGaugh, Chicago, IL, for Baxter Travenol Laboratories, Inc.
Before BAUER, CUDAHY and KANNE, Circuit Judge.
United States Court of Appeals, Seventh Circuit.
BAUER, Circuit Judge.
During closing argument of a seven-week jury trial, the defendants' lead counsel asserted that the plaintiffs' attorney "selected the defendants. He could have sued the FDA." Rather than sustaining the plaintiffs' immediate objection, the district court overruled it, instructing the jury that "[g]overnment entities are sued all the time." Because these improper remarks and the district court's erroneous instruction substantially prejudiced the...
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