TATUM v. SCHERING CORP.

No. 85-7483.

795 F.2d 925 (1986)

Elma TATUM, as administrator of the Estate of Dixie V. Tatum, deceased, Plaintiff-Appellant, v. SCHERING CORPORATION, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

As Corrected August 15, 1986.


Attorney(s) appearing for the Case

Frank M. Wilson, Beasley and Wilson, Montgomery, Ala., for plaintiff-appellant.

Jean-Pierre Garnier, Falls Church, Va., for defendant-appellee.

Before GODBOLD, Chief Judge, VANCE, Circuit Judge, and THOMAS, Senior District Judge.


CORRECTED OPINION

GODBOLD, Chief Judge:

This is a wrongful death suit, removed from Alabama state court, against Schering Corporation, a manufacturer of drugs. The district court granted summary judgment to Schering. We reverse.

The suit was brought under the Alabama Extended Manufacturer's Liability Doctrine1 and negligence. Because ethical drugs are considered unavoidably unsafe products, they are defective only when...

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