Foyle Ex Rel. McMillan v. Lederle Laboratories
District Court, E.D. North Carolina
1Opinion of the Court
ORDER
TERRENCE WILLIAM BOYLE, District Judge.
The defendant’s motion for partial summary judgment on several issues is before the court at this time. A hearing was held on October 29, 1987, at which time the court heard argument on these issues.
FACTUAL BACKGROUND
On November 1, 1982, Lauren Foyle, then age two months, received a DPT vaccination. The vaccination is designed to pre vent a child from contracting diptheria, pertussis (whooping cough) and tetanus. The vaccine was produced by Lederle Laboratories and marketed under the brand name Tri-Immunol. Over the next several days Lauren Foyle…
2Cases cited24 opinions
- Russello v. United StatesSupreme Court of the United States · 1983
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
- Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
- Rainwater v. United StatesSupreme Court of the United States · 1958
- Reyes v. Wyeth LaboratoriesCourt of Appeals for the Fifth Circuit · 1974
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3Cited by29 opinions
- In Re Zyprexa Products Liability LitigationDistrict Court, E.D. New York · 2007
- James L. Hurley, Jr., Etc. v. Lederle Laboratories Division of American Cyanamid Co., DefendantsCourt of Appeals for the Fifth Circuit · 1989
- Shackil v. Lederle LaboratoriesSupreme Court of New Jersey · 1989
- Abbot v. American Cyanamid Co.Court of Appeals for the Fourth Circuit · 1988
- Mazur v. Merck & Co., Inc.District Court, E.D. Pennsylvania · 1990
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