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BARRETT v. UNITED STATES

No. 76 Civ. 381 (CBM).

651 F.Supp. 615 (1986)

Elizabeth BARRETT, Individually and as Administratrix of the Estate of Harold Blauer, Deceased, Plaintiff, v. UNITED STATES of America, James Cattell, and Newton Bigelow, Defendants.

United States District Court, S.D. New York.

December 10, 1986.

Attorney(s) appearing for the Case

Baer Marks & Upham by Deborah R. Linfield, Eugene R. Scheiman, and Richard Kelly, New York City, for plaintiff.

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. by Beth Kaswan, Richard M. Schwartz, Asst. U.S. Attys., New York City, for Federal defendants.

Bower & Gardner by John J. Bower, Michael Futterman, Nancy Gurren, Ann F. Vinci, and Karen L. Hymowitz, New York City, for defendant James Cattell.

Pileckas & Pileckas by Paul L. Pileckas, Rome, N.Y., for defendant Newton Bigelow.

OPINION

MOTLEY, Senior District Judge.

This lawsuit arises out of the tragic death of Harold Blauer which occurred on January 8, 1953 as a result of his injection with an experimental drug, EA-1298, a mescaline derivative, while he was a patient at the New York State Psychiatric Institute, a state mental facility. The drug had been supplied to the Psychiatric Institute pursuant to a contract between the Institute and the United States Army Chemical Corp...

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