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WRIGHT EX REL. TRUST CO., KS v. ABBOTT LABS.

No. 99-3331.

259 F.3d 1226 (2001)

Eric J. Wright, a disabled minor, by and through The Trust Company of Kansas, Conservator of the Estate of Eric J. Wright, Plaintiff-Appellant, v. Abbott Laboratories, Inc., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 6, 2001.

Attorney(s) appearing for the Case

Lynn R. Johnson, Shamberg, Johnson & Bergman, Chartered, Overland Park, Kansas for Plaintiff-Appellant.

June K. Gheezi, Jones, Day, Reavis & Pogue, Chicago, Illinois, (Tina M. Tabacchi, Jones, Day, Reavis & Pogue, Chicago, Illinois; Richard C. Hite, Hite, Fanning & Honeyman, L.L.P., Wichita, Kansas, with her on the brief), for Defendant-Appellee.

Before and , Circuit Judges, and , District Judge.

MILLS, District Judge.

I. BACKGROUND

Eric Wright was born on November 10, 1992, at Wesley Medical Center in Wichita, Kansas. Shortly after birth, his doctor prescribed intravenous treatments of unconcentrated sodium chloride because Wright suffered from low blood pressure. The hospital stocked its unconcentrated sodium chloride solutions in close proximity to its concentrated solutions and, tragically, a nurse mistakenly gave Wright two doses...

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