SYMENS v. SMITHKLINE BEECHAM CORP.

Civ. Nos. 94-1036, 96-1039, 97-1014.

593 F.Supp.2d 1075 (1999)

Richard SYMENS and Joyce Symens, Husband and Wife, Plaintiff, v. SMITHKLINE BEECHAM COPORATION, a Pennsylvania Corporation, Defendant, Ivan Sjovall d/b/a Sjovall Feedyard, Plaintiff, v. Smithkline Beecham Corporation, a Pennsylvania Corporation, Defendant. Norman Schick and Carol Schick, Plaintiff, v. Smithkline Beecham Corporation, a Pennsylvania Corporation, Defendant.

United States District Court, D. South Dakota, Northern Division.

September 30, 1999.


Attorney(s) appearing for the Case

Danny R. Smeins, Britton, SD, Edward M. Bendelow, Bendelow & Darling, Denver, CO, James Allen Davis, James Allen Davis & Assoc., PC, Fremont, NE, Michael P. Dowd, Thomas F. Dowd, Dowd & Dowd, Omaha, NE, Curt R. Ewinger, Rice & Ewinger, Aberdeen, SD, for Plaintiffs.

Patrick A. Reinken, Scott A. Smith, Hinshaw & Culbertson, Minneapolis, MN, R. Alan Peterson, Lynn, Jackson, Shultz & Lebrun, P.C., Sioux Falls, SD, for Defendant.


MEMORANDUM OPINION AND ORDER

RICHARD H. BATTEY, Senior District Judge.

PROCEDURAL HISTORY

[¶ 1] Plaintiffs in the above three cases filed an eight count complaint against Smithkline Beecham Corporation (SBC) ("defendant") on May 14, 1996, August 28, 1996, and on May 12, 1997, respectively. The parties will be collectively referred to as "plaintiffs" throughout this opinion.

[¶ 2] Specifically, plaintiffs allege that a vaccine...

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