Morris

This action arises out of personal injuries that plaintiff David Morris allegedly suffered in reaction to a diphtheria, pertussis and tetanus (DPT) vaccine. The vaccine was administered to him in June of 1965, when he was six months old. Since that time, David Morris has suffered from irreversible brain damage. Joined as plaintiffs are David’s parents, Lesta Morris and Eddie Morris. Defendants are five pharmaceutical companies that allegedly manufac tured a substantial share of the DPT on the market at the time of David Morris’ injury.

Plaintiffs seek to recover damages on five causes of action. The first four are standard products liability claims — negligence, express warranty, implied warranty, and strict liability. The fifth states a claim for concert of action. Federal jurisdiction is invoked on the basis of diversity of citizenship.

Plaintiffs concede that they are unable to identify the manufacturer of the vaccine actually administered to David Morris. The vaccine apparently was marketed under the generic name DPT; plaintiffs do not know, and indeed have no way to discover, who manufactured the DPT vaccine that caused the alleged injury. By bringing this action…