Legal Opinion

Hoffman v. Merrell Dow Pharmaceuticals, Inc.

Court of Appeals for the Sixth Circuit

Decided August 30, 1988No. Nos. 85-3858, 85-3876 and 85-3877PublishedCited by 4 opinions

1Opinion of the Court

ENGEL, Chief Judge.

These actions were brought on behalf of children with birth defects against Merrell Dow Pharmaceuticals, Inc., alleging that their birth defects were caused by their mothers’ ingestion during pregnancy of defendant’s anti-nausea drug Bendectin. Immediately involved are eleven hundred eighty claims in approximately eight hundred forty-four multidistrict cases.1 These cases represent only a part of the Bendec-tin cases which have been brought in numerous federal and state courts around the nation.2 Although there are some differ-*294enees among the complaints, most are virtually…

2Cases cited76 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  4. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  5. Van Dusen v. BarrackSupreme Court of the United States · 1964

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3Cited by4 opinions

  1. In Re Bendectin Litigation.Court of Appeals for the Sixth Circuit · 1988
  2. United States v. 11,950 Acres of LandCourt of Appeals for the Fifth Circuit · 1995
  3. Elizabeth and Clifford Kemp v. Medtronic, Inc.Court of Appeals for the Sixth Circuit · 2000
  4. Equal Employment Opportunity Commission v. Detroit-Macomb Hospital Corp. A/K/A MacOmb Hospital CenterCourt of Appeals for the Sixth Circuit · 1992

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