Victoria CERVENY; Charles Cerveny; Alexander Cerveny, Plaintiffs-Appellants,
v.
AVENTIS, INC., Defendant-Appellee.
Product Liability Advisory Council, Inc.; American Tort Reform Association; Pharmaceutical Research and Manufacturers of America; Biotechnology Innovation Organization; Chamber of Commerce of the United States of America; National Association of Manufacturers, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Eric A. Swan , Shook, Hardy & Bacon L.L.P., Kansas City, Missouri ( William F. Northrip , Shook, Hardy & Bacon, L.L.P., Chicago, Illinois; Shawn McGarry , and Gary T. Wight , Kipp and Christian, P.C., Salt Lake City, Utah, with him on the brief), for Defendant-Appellee.
Kate Comerford Todd , U.S. Chamber Litigation Center, Washington, D.C., Linda E. Kelly and Leland P. Frost , Manufacturers' Center for Legal Action, Washington, D.C., Jeffrey S. Bucholtz and Sheldon Bradshaw , King & Spalding LLP, Washington, D.C., and Andrew T. Bayman and Heather M. Howard , King & Spalding LLP, Atlanta, Georgia, filed an amicus curiae brief for Chamber of Commerce of the United States of America, American Tort Reform Association, and National Association of Manufacturers, on behalf of Defendant-Appellee.
Michael X. Imbroscio , Paul W. Schmidt , and Gregory L. Halperin , Covington & Burling, Washington, D.C., filed an amici curiae brief for Pharmaceutical Research and Manufacturers of America and Biotechnology Innovation Organization, on behalf of Defendant-Appellee.
Hugh F. Young, Jr. , Product Liability Advisory Council, Inc., Reston, Virginia, Andrew E. Tauber , Mayer Brown LLP, Washington, D.C., and Charles M. Woodworth , Mayer Brown LLP, Chicago, Illinois, filed an amicus curiae brief for Product Liability Advisory Council, Inc., on behalf of Defendant-Appellee.
Before BACHARACH, PHILLIPS, and McHUGH, Circuit Judges.
BACHARACH, Circuit Judge.
Mr. Alexander Cerveny was born over twenty years ago with birth defects.1 Alexander and his parents attribute these birth defects to Mrs. Cerveny's use of Clomid (a fertility drug) in 1992, before she became pregnant with Alexander. The Cervenys sued...
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