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STUART v. AMERICAN CYANAMID CO.

No. 97-9548.

158 F.3d 622 (1998)

Brian Keith STUART, a minor, by his natural guardian and next friend Pamela Jean Craven; Pamela Jean Craven, individually; Paula Kairdolf; Errol M. Kairdolf, as parents and natural guardians of Michella Renee Kairdolf, a minor; Paula Kairdolf, individually; Errol M. Kairdolf, individually, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. AMERICAN CYANAMID COMPANY, a wholly owned subsidiary of American Home Products Corporation, Defendant-Appellee. American Home Products Corporation, Defendant.

United States Court of Appeals, Second Circuit.

Decided September 21, 1998.

Attorney(s) appearing for the Case

Marc S. Moller (Henry Glukstern, of counsel), Kreindler & Kreindler, New York City, (Stanley P. Kops, Kops & Fenner, P.C., Philadelphia, Pennsylvania, of counsel), for Plaintiffs-Appellants.

Daniel J. Thomasch (Elyse D. Echtman, of counsel), Donovan, Leisure, Newton & Irvine LLP, New York City, for Defendant-Appellee American Cyanamid Company.

Before: MINER, McLAUGHLIN, and LEVAL, Circuit Judges.

BACKGROUND

McLAUGHLIN, Circuit J.

Polio is a disease of the central nervous system for which Dr. Jonas Salk developed a vaccine in 1955. The Salk vaccine was an inactivated polio vaccine ("IPV"), derived from a dead polio virus. Although the Salk vaccine dramatically decreased the incidence of polio, it did not eradicate the disease.

While Dr. Salk was developing his IPV which had to be injected, other scientists, notably Dr. Albert Sabin, were working...

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