SMITH v. CUTTER BIOLOGICAL

No. 99-CA-2068.

770 So.2d 392 (2000)

K.D.D. SMITH v. CUTTER BIOLOGICAL, a Division of Miles, Inc., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 13, 2000.


Attorney(s) appearing for the Case

Charles F. Gay, Jr, E. Paige Sensenbrenner, Adams & Reese, New Orleans, Louisiana; Robert Limbacher, Dechert, Price & Rhoads, Philadelphia, PA, Counsel for Baxter Healthcare Corporation.

James B. Irwin, Francis P. Accardo, Brigid B. Glorioso, Montgomery, Barnett, Brown, Read, Hammond & Mintz, L.L.P., New Orleans, Louisiana; Sara J. Gourley, Tamar B. Kelber, Sidley & Austin, Chicago, IL, Counsel for Armour Pharmaceutical Company.

Lawrence E. Abbott, Deborah D. Kuchler, Stacy Patton Anderson, Abbott, Simses, Knister & Kuchler, New Orleans, Louisiana; Philip S. Beck, Lindley J. Brenza, Bartlit, Beck, Herman, Palenchar & Scott, Chicago, IL; Jennifer E. Heisinger, Bartlit, Beck, Herman, Palenchar & Scott, Denver, CO, Counsel for Alpha Therapeutic Corporation.

Jonathan C. McCall, John F. Olinde, Mary L. Meyer, Douglas L. Grundmeyer, Chaffe, McCall, Phillips, Toler & Sarpy, L.L.P., New Orleans, Louisiana; Terry O. Tottenham, Lana K. Varney, Fulbright & Jaworski, Austin, TX, Counsel for Bayer Corporation.

Thomas W. Mull, Frances Phares, Mull & Mull, Covington, Louisiana; Michael L. Baum, Baum, Hedlund, Aristei, Guilford & Downey, Los Angeles, CA; James W. Orr, Bowers Orr & Dougall, L.L.P., Columbia, SC; Mack E. Barham, Robert E. Arceneaux, Barham & Arceneaux, New Orleans, Counsel for K.D.D. Smith.

Court composed of Chief Judge ROBERT J. KLEES, Judge WILLIAM H. BYRNES, III, Judge MICHAEL E. KIRBY.


BYRNES, J.

This case was originally filed by the plaintiff, Ken Dixon on May 10, 1993, against Cutter Laboratories (subsequently acquired by Miles, Inc. and then Bayer Corporation), a manufacturer of hemophilia clotting factor used by him. On February 3, 1994, by supplemental petition, he added three additional defendant-manufacturers —Alpha TherapeuticCorporation, Armour Pharmaceutical Corporation, and Baxter Healthcare. In his petition...

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