United States Eighth Circuit

District court properly ruled North Dakota would adopt the "learned intermediary" doctrine, and that application of the doctrine barred plaintiffs' claims; defendant adequately warned the treating physician about psychosis resulting from the ingestion of its drug, Adderall.

Appellate Information

• Decided 05/18/2004
• Published 05/18/2004

Judges

• RILEY, Circuit Judge., Before RILEY, BEAM, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jessica R. Dart, argued, Los Angeles, California (Arnold Anderson Vickery, Houston, Texas, and Earl Landers Vickery, Austin, Texas on the brief), for appellant.


• For Appellees:
  
• Joseph P. Thomas, argued, Cincinnati, Ohio (Linda E. Maichl, Cincinnati, Ohio on the brief), for appellee.