Jane A. KING, etc., Petitioner,
v.
CUTTER LABORATORIES, DIVISION OF MILES, INC., et al., Respondents.
Supreme Court of Florida.https://leagle.com/images/logo.png
March 26, 1998.
Rehearing Denied June 11, 1998.
Order Dismissing Review September 30, 1998.
Attorney(s) appearing for the Case
James C. Blecke of Deutsch & Blumberg, P.A., Miami, and Maron E. Lovell of Williams, Brasfield, Wertz, Fuller, Goldman, Freeman & Lovell, St. Petersburg, for Petitioner.
Alan C. Sundberg, Sylvia H. Walbolt and Edward W. Gerecke of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, and Sara Gourley and Steve Ellison of Sidley & Austin, Chicago, IL, on behalf of Armour Pharmaceutical Company; David R. Tyrrell of Hill, Ward & Henderson, P.A., Tampa, and Amy Ginensky of Dechert, Price & Rhoads, Philadelphia, PA, on behalf of Baxter Healthcare Corporation; Patricia E. Lowry and David L. Ferguson of Steel, Hector & Davis, West Palm Beach, O'Connor, Cohn, Dillon & Barr, San Francisco, CA, and Geoffrey R.W. Smith, Washington, DC, on behalf of Miles, Inc.; Jeffrey B. Shapiro and Felicia Witt of Herzfeld & Rubin, Miami, and David Bell of Knapp, Peterson & Clarke, Glendale, CA, on behalf of Alpha Therapeutic Corporation, for Respondents.
Judith S. Kavanaugh and William L. Earl of Earl, Blank, Kavanaugh & Stotts, P.A., Miami, for Florida Chapter, National Hemophilia Foundation, Inc., amicus curiae.
James R. Green of Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, Pensacola, and Robert L. Parks of Haggard & Parks, Coral Gables, for Florida Academy of Trial Lawyers, amicus curiae.
Bruce Rogow and Beverly A. Pohl, Fort Lauderdale, for Florida Defense Lawyers Association and Pharmaceutical Research and Manufacturers of America, amici curiae.
Supreme Court of Florida.
OVERTON, Justice.
We have for review the decision of the Second District Court of Appeal in King v. Cutter Laboratories,685 So.2d 1358 (Fla. 2d DCA 1996). There, the district court affirmed a summary judgment that held, as a matter of law, that the market share alternate theory of liability did not apply to Factor VIII blood product concentrates. Factor VIII concentrate is a blood product used in the treatment of hemophilia...
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