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KILVERT v. TAMBRANDS INC.

No. 94 Civ. 8556.

906 F.Supp. 790 (1995)

Peter KILVERT and Jenny Kilvert, Personal Representatives of The Estate of Alice Kilvert, Plaintiffs, v. TAMBRANDS INC., Defendant.

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

December 8, 1995.

Attorney(s) appearing for the Case

Goodkind Labaton Rudoff & Sucharow (Martis Ann Brachtl, of counsel), New York City, Michaud, Hutton, Fischer & Anderson (Andrew W. Hutton, Mark B. Hutton, of counsel), Wichita, KS, The Perkins Law Firm (Robert J. Perkins, of counsel), Kansas City, MO, for plaintiffs.

Debevoise & Plimpton (Roger E. Podesta, Anne E. Cohen, Mary Beth Hogan, of counsel), New York City, for defendant.

SAND, District Judge.

This product liability action arises from the death of Alice Kilvert, the fifteen-year old daughter of plaintiffs Peter Kilvert and Jennifer Hilary Kilvert ("the Kilverts"), Personal Representatives of the Estate of Alice Kilvert, from Toxic Shock Syndrome ("TSS"). At the time of her death, plaintiffs' decedent was using a Tampax Super Absorbency tampon, designed and tested by defendant Tambrands Inc. ("Tambrands"). Plaintiffs allege that the...

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