45 Fed. R. Evid. Serv. 149, prod.liab.rep. (Cch) P 14,674, 96 Cal. Daily Op. Serv. 5160, 96 Daily Journal D.A.R. 8334 Peter Alexander Lust, by and Through Peter Lust, His Guardian Ad Litem v. Merrell Dow Pharmaceuticals, Inc., a Corporation Does 1-20, Inclusive

89 F.3d 594 45 Fed. R. Evid. Serv. 149 , Prod.Liab.Rep. (CCH) P 14,674 , 96 Cal. Daily Op. Serv. 5160 , 96 Daily Journal D.A.R. 8334 Peter Alexander LUST, By and Through Peter LUST, his Guardian ad Litem, Plaintiffs-Appellants, v. MERRELL DOW PHARMACEUTICALS, INC., a corporation; Does 1-20, inclusive, Defendants-Appellees. No. 95-55558. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 3, 1996. Decided July 11, 1996. Coleen P. Gillespie, Booth, Mitchel & Strange, Los Angeles, California, Terrence J. Mix and Charles D. Sneathern, Redondo Beach, California, for plaintiff-appellant. Hall R. Marston, Jeffery J. Carlson, George E. Berry, and Charles R. Messer, Dickson, Carlson & Campillo, Santa Monica, California, for defendant-appellee. Appeal from the United States District Court for the Central District of California, Edward Rafeedie, District Judge, Presiding. D.C. No. CV-93-02590-ER. Before: FARRIS, FERNANDEZ, and THOMAS, Circuit Judges. FARRIS, Circuit Judge: 1 Peter A. Lust brought a personal injury action against Merrell Dow Pharmaceuticals, Inc. alleging that his birth defect, diagnosed as hemifacial microsomia, was caused by his mother's…