Sherry Givens and Wendel Givens, Cross v. Lederle, Etc., Cross Sherry Givens and Wendel Givens v. Lederle, Etc.

THORNBERRY, Circuit Judge:

This is a consolidated products liability case, with cross-appeal for additur, involving the Sabin oral polio vaccine. The jury verdict defendant appeals from is actually the second one. After the first verdict came down in defendant’s favor, the trial court granted plaintiffs’ motion for new trial on the basis of a case decided after trial, Reyes v. Wyeth Laboratories, 498 F.2d 1264 (5 Cir. 1974), cert. denied, 419 U.S. 1096, 95 S.Ct. 687, 42 L.Ed.2d 688 (1974). The granting of the motion forms the crux of the appeal, though the plaintiffs have filed a cross-appeal…