United States Fifth Circuit

In a medical malpractice case, the circuit court certifies a question to the Mississippi Supreme Court regarding the statute of limitations in circumstances where the alleged negligence is (1) administration of a drug by a physician, or (2) failure to disclose what a reasonable practitioner would have disclosed about the risks of a drug, and experts disagree as to whether a drug caused the plaintiff's injuries.

Appellate Information

• Decided 11/14/2007
• Published 12/04/2007

Judges

• DeMOSS, Circuit Judge:, Before HIGGINBOTHAM, DeMOSS and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Ralph E. Chapman, Chapman, Lewis & Swan, Clarksdale, MS, John H. Daniels, III, Dyer, Dyer, Jones & Daniels, Greenville, MS, Jane HorneMyers Virden (argued), Chapman, Lewis & Swan, Madison, MS, for Plaintiffs-Appellees., Mark Priestly Caraway (argued), Meta S. Copeland, Wise Carter Child & Caraway, Jackson, MS, for Defendants-Appellants.