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eBook details

• Title: Sally Cosgrove v. Merrell Dow
• Author : Supreme Court Of Idaho
• Release Date : January 08, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 81 KB

Description

Plaintiffs Linda Winfree and her daughter, Sally Cosgrove, sued defendant Merrell Dow Pharmaceuticals, Inc. (Merrell Dow), for birth defects suffered by Cosgrove, allegedly as a result of Winfrees ingestion of the "anti-morning sickness" drug, Bendectin, during her pregnancy. This is one of a series of Bendectin cases filed nationwide. Summary judgment was granted for defendant on Winfrees individual claims because the I.C. § 5-219(4) 2-year statute of limitations had run. The claims of infant Cosgrove, however, were not barred by the statute of limitations, and those claims continued to trial. The jury returned a unanimous special verdict for defendant Merrell Dow, finding that Bendectin was not the proximate cause of Cosgroves birth defects. Judgment was entered accordingly and plaintiffs appeal. We affirm.

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