Withers v. Sterling Drug, Inc.

OPINION

HOLDER, District Judge.

This is a products liability action between citizens of diverse states. The evidence and pleadings before the Court disclose that the defendant manufactured and marketed a brand of chloroquine known as “Aralen”. Plaintiff’s physician prescribed “Aralen” for the treatment of a certain arthritic condition of the plaintiff, and plaintiff purchased and ingested “Aralen” between December 28, 1957 and September 23, 1963. Plaintiff purchased the drug “Aralen” from two different retail dispensaries in Indianapolis, Indiana, during that period. In June 1962, plaintiff…