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LUST v. MERRELL DOW PHARMACEUTICALS, INC.

No. 95-55558.

89 F.3d 594 (1996)

Peter Alexander LUST, By and Through Peter LUST, his Guardian ad Litem, Plaintiffs-Appellants, v. MERRELL DOW PHARMACEUTICALS, INC., a corporation; Does 1-20, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 11, 1996.

Attorney(s) appearing for the Case

Coleen P. Gillespie, Booth, Mitchel & Strange, Los Angeles, California, Terrence J. Mix and Charles D. Sneathern, Redondo Beach, California, for plaintiff-appellant.

Hall R. Marston, Jeffery J. Carlson, George E. Berry, and Charles R. Messer, Dickson, Carlson & Campillo, Santa Monica, California, for defendant-appellee.

Before: FARRIS, FERNANDEZ, and THOMAS, Circuit Judges.

FARRIS, Circuit Judge:

Peter A. Lust brought a personal injury action against Merrell Dow Pharmaceuticals, Inc. alleging that his birth defect, diagnosed as hemifacial microsomia, was caused by his mother's ingestion of Clomid, a fertility drug manufactured by Merrell Dow. California law dictates that causation is a necessary element of a personal injury action. The district court granted summary judgment in favor of Merrell Dow on the grounds that Lust's only causation...

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