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MOTUS v. PFIZER INC. (ROERIG DIV.)

Nos. 02-55372, 02-55498.

358 F.3d 659 (2004)

Flora MOTUS, individually, as Successor in Interest of the Estate of Victor Motus (deceased) and as Guardian Ad Litem for Lauren Motus, a minor, Plaintiff-Appellant/Cross-Appellee, v. PFIZER INC., (ROERIG DIVISION), a Corporation, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 9, 2004.

Attorney(s) appearing for the Case

Jessica R. Dart, Baum, Hedlund, Aristei, Guilford & Schiavo, Los Angeles, California, for the plaintiff-appellant/cross-appellee.

Pierce O'Donnell, O'Donnell & Shaeffer, Los Angeles, California; Malcolm E. Wheeler, Wheeler, Trigg & Kennedy, Denver, Colorado, for the defendant-appellee/cross-appellant.

Alan Morrison, Public Citizen Litigation Group, Washington, D.C., for the amicus.

Robert D. Kamenshine, United States Department of Justice, Washington, D.C., for amicus United States Food & Drug Administration.

Before: J. WALLACE, Clifford Wallace, Pamela Ann RYMER, and Richard C. Tallman, TALLMAN, Circuit Judges.

Argued and Submitted October 10, 2003 — Pasadena, California.

Opinion by Judge Tallman.

OPINION

TALLMAN, Circuit Judge:

Plaintiff Flora Motus claims that her husband suffered from an adverse reaction to the drug Zoloft, which she contends induced him to commit suicide. She argues that Pfizer Inc., as Zoloft's manufacturer, is liable because the company failed to provide adequate warnings to doctors of alleged side-effects associated...

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