United States Fifth Circuit

Summary judgment for defendant, a pharmaceutical company, on failure-to-warn claims involving a drug for treating gastroesophageal reflux disease is reversed where district court erred in finding adequacy as a matter of law as to a warning for a condition, because plaintiff's claim was that the label was misleading as to the risk level for developing the condition at issue, and there was a genuine issue of material fact as to such claim and as to causation.

Appellate Information

• Decided 08/22/2006
• Published 08/23/2006

Judges

• JERRY E. SMITH, Circuit Judge:, Before KING, SMITH and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Alan Jones, Coleman M. Cowan, George Christopher Olson (argued), Martin & Jones, Raleigh, NC, for Plaintiff-Appellant.


• For Appellees:
  
• Michael Randolph Klatt, Susan Elizabeth Burnett (argued), Kelly R. Kimbrough, Clark, Thomas & Winters, Austin, TX, Jeffrey R. Pilkington, Davis, Graham & Stubbs, Denver, CO, for Defendant-Appellee.