Knox v. Lederle Laboratories

McKAY, Chief Judge.

Appellant Wyeth Laboratories brings this interlocutory appeal pursuant to 28 U.S.C. § 1292(b) (1988) from the denial of its motion for summary judgment on grounds of claim preclusion.1 We affirm.

I

In 1986, Plaintiffs filed in Colorado state district court a product liability action against Wyeth, Lederle Laboratories, and Connaught Laboratories. We will refer to this earlier case as “Knox I.” Plaintiffs claimed that a vaccine manufactured by one of the defendants in Knox I caused severe injuries to the minor Plaintiff, Kenneth Knox.

After discovery, Wyeth moved for summary…