ASHTON v. AVENTIS PASTEUR, INC.


851 A.2d 908 (2004)

Charles R. ASHTON, III and Penny Starr-Ashton, Parents and Natural Guardians of Madigan Ashton and Lucinda Ashton, Barbara and Alan Kaplan, Parents and Natural Guardians of Samuel Kaplan, and Lynn and Robert Powell, Parents and Natural Guardians of Robby Powell, Minor Children, on Behalf of Themselves and all Others Similarly Situated v. AVENTIS PASTEUR, INC., Individually and as Successor in Interest to Connaught Laboratories, Inc., Pasteur Merieux and Pasteur Merieux Connaught; Pfizer, Inc., Individually and as a Successor in Interest to Warner-Lambert and Parke-Davis, Inc.; Smithkline Beecham Corp., d/b/a Glaxosmithkline, Merck & Company, Inc., Abbott Laboratories, American Home Products d/b/a Wyeth, Wyeth Laboratories, Wyeth-Ayerst, Wyeth-Ayerst Laboratories, Wyeth Lederle, Wyeth Lederle Vaccines, and Lederle Laboratories; Baxter International, Inc., Individually and as Successor in Interest to North American Vaccine, Inc., Eli Lilly & Company, Inc.; Johnson and Johnson Co., d/b/a Ortho Clinical Diagnostics, Ortho Diagnostic Systems, Inc. and Johnson & Johnson Clincial Diagnostics; American International Chemical; Sigma-Aldrich Corporation; Spectrum Laboratory Products, Aerchem, Inc.; George UHE Co., Inc., Roger Chemical Co., Inc., Roger Chemical Co., Inc.; Carran Chemicals; Eastman Kodak; EM Industries, Inc., Intercon Chemical Co., and Argenmex SA. Appeal of: Ashton, Kaplan and Powell.

Superior Court of Pennsylvania.

Argued June 2, 2004.


Attorney(s) appearing for the Case

Lawrence R. Cohan, Philadelphia, and Tobias L. Millrood, Bala Cynwyd, for appellants.

Mark A. Dover, Kansas City, MO, for Eli Lilly, appellee.

Anne Manero, Philadelphia, for Spectrum, appellee.

Kelly A. Grady, Philadelphia and Richard Mark, New York, New York, for American Home, appellee.

Before: DEL SOLE, P.J., MUSMANNO and TAMILIA, JJ.


TAMILIA, J.

¶ 1 This class action suit was initiated by plaintiffs/appellants Charles R. Ashton III and Penny Starr-Ashton, Barbara and Alan Kaplan, and Lynn and Robert Powell, as parents and natural guardians of their minor children, and on behalf of themselves and others similarly situated, to secure damages from the appellees, pharmaceutical companies and their successors-in-interest, for personal injuries allegedly incurred by their children as a result of...

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