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BRINKMAN v. SHILEY, INC.

Civ. A. No. 88-1846.

732 F.Supp. 33 (1989)

James L. BRINKMAN and Geraldine Brinkman, Plaintiffs, v. SHILEY, INC.; Pfizer Hospital Products Group, Inc., Successor Corporation of Howmedica, Inc.; and Pfizer, Inc., Defendants.

United States District Court, M.D. Pennsylvania.

June 7, 1989.

Attorney(s) appearing for the Case

Richard C. Angino, Angino and Rovner, P.C., Harrisburg, Pa., for plaintiffs.

Thomas D. Caldwell, Jr., Caldwell and Kearns, Harrisburg, Pa., and John W. Frazier, IV, James A. Willhite, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., and David Klingsberg, Maris Veidemanis, Kaye, Scholer, Fierman, Hays & Handler, New York City, for Shiley, Inc., Pfizer Hosp. and Pfizer, Inc.

MEMORANDUM

RAMBO, District Judge.

Plaintiffs brought this action alleging defendants are (1) strictly liable under Restatement (Second) of Torts § 402A, for supplying a defective product; (2) liable in negligence; (3) liable for breach of warranty; and (4) in violation of the Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301-392 (1984) (the FDCA). The defendants have filed an answer and a motion for summary judgment. The defendants' statement...

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