Anna T. Singer and Leslie Singer v. Sterling Drug, Inc.

KILEY, Circuit Judge.

Plaintiffs Anna and Leslie Singer, husband and wife, brought this diversity action to recover damages for personal injuries alleged to have been caused by Anna Singer’s ingestion of Aralen, a drug product of defendant Sterling Drug, Inc. Verdict and judgment were for Sterling, and plaintiffs appeal. We reverse and remand.

Anna Sterling began taking Aralen for a facial rash under a written prescription from Dr. Hoit, a dermatologist, in 1957. He had diagnosed the rash as discoid lupus erythematosus. 1 Between 1957 and 1960 the doctor also gave oral prescriptions to…