Leonard Harbeson, Jean Harbeson v. Parke Davis, Inc., and the United States of America

The United States appeals a judgment holding it liable to Leonard and Jean Harbeson and two of their children for the failure of three doctors at an Army medical center to respond to the Harbesons’ inquiries by disclosing the risks of an anticonvulsant medication on unborn children. The government contends the judgment against it is barred by collateral estoppel and that the district court erred in its findings of fact and conclusions of law. We affirm.

BACKGROUND

In December 1970, during Leonard Harbeson’s tour of' duty at an air force base, his wife, Jean, was diagnosed as having epilepsy. She received a prescription for the anticonvulsant drug, “Dilantin Kapseals” (Dilantin), from doctors at the air force base. Mrs. Harbeson was then pregnant with the couple’s first child, Michael, who was born in 1971 and is a healthy and normal child.

In the ensuing year, several other anticonvulsants were prescribed for Mrs. Harbeson, only to be discontinued after she suffered adverse reactions. Following her husband’s transfer to McChord Air Force Base in the State of Washington, Mrs. Harbeson was referred in May 1972 to Madigan Army Medical Center (Madigan) for evaluation and treatment.…