KING v. CUTTER LABORATORIES

No. 95-03323.

685 So.2d 1358 (1996)

Jane A. KING, as Personal Representative of the Estate of Joseph "Louie" King, III, Deceased, Appellant/Cross-Appellee, v. CUTTER LABORATORIES, DIVISION OF MILES, INC., Appellee/Cross-Appellant, and Armour Pharmaceutical Company, Alpha Therapeutic Corporation, and Baxter Healthcare Corporation, Appellees.

District Court of Appeal of Florida, Second District.

June 28, 1996.


Attorney(s) appearing for the Case

Maron E. Lovell of Williams, Brasfield, Wertz, Fuller, St. Petersburg, and James C. Blecke of Deutsch & Blumberg, P.A., Miami, for Appellant.

Alan C. Sundberg, Sylvia H. Walbolt and Edward W. Gerecke of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, for Appellee Armour Pharmaceutical Company.

David I. Bell of Knapp, Petersen & Clark, Glendale, California, and Jeffrey B. Shapiro of Herzfeld & Rubin, Miami, for Appellee Alpha Therapeutic Corp.

Duncan Barr and James Beltzer of O'Connor, Cohn, Dillon & Barr, San Francisco, California, and Patricia E. Lowry and David Ferguson of Steel Hector & Davis, West Palm Beach, and Geoffrey R.W. Smith of Piper & Marbury, L.L.P., Washington, D.C., for Appellee Cutter Laboratories, Division of Miles, Inc.

Robert Limbacher of Dechert Price & Rhoads, Philadelphia, Pennsylvania, and David R. Tyrrell of Hill, Ward & Henderson, P.A., Tampa, for Appellee Baxter Healthcare Corporation.

William L. Earl, Judith S. Kavanaugh of Earl, Blank, Kavanaugh & Stotts, P.A., and James R. Green of Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A., Pensacola, and Robert E. Turffs of Kanetsky, Moore & DeBoer, P.A., Venice, Amicus Curiae by Academy of Florida Trial Lawyers, for Appellant.

Beverly A. Pohl, Fort Lauderdale, and Bruce S. Rogow of Bruce S. Rogow, P.A., Fort Lauderdale, Amicus Curiae by Associated Industries of Florida, for Appellees.


PER CURIAM.

Joseph "Louie" King, III, a hemophiliac, died of Acquired Immune Deficiency Syndrome (AIDS) after using Factor VIII concentrate, a blood product. His wife, Jane King, brought an action for wrongful death against the four manufacturers who marketed the product in Florida. Mrs. King was unable to identify the manufacturer or manufacturers who produced and marketed the Factor VIII concentrate used by her husband. The trial court granted summary final judgment...

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