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STEWART v. JANSSEN PHARMACEUTICA, INC.

No. 08-89-00198-CV.

780 S.W.2d 910 (1989)

Dennis Lee STEWART, Appellant, v. JANSSEN PHARMACEUTICA, INC., Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled December 13, 1989.

Attorney(s) appearing for the Case

Richard T. Marshall, Alan J. Winters, Marshall & Winters, El Paso, for appellant.

James L. Gallagher, Scott, Hulse, Marshall, Feuille, Finger & Thurmond, El Paso, Jim Curtis, Kemp, Smith, Duncan & Hammond, El Paso, George Gore, Arter & Hadden, Cleveland, Irene C. Keyse-Walker, Arter & Hadden, Cleveland, Ohio, for appellee.

Before FULLER and WOODARD, JJ., and PRESLAR C.J. (Retired), sitting by assignment.

OPINION

FULLER, Justice.

The trial court granted summary judgment in favor of the manufacturer of a drug that was administered during a hernia operation. We affirm.

Appellant, Dennis Lee Stewart, filed this lawsuit as a result of a hernia operation in which he suffered respiratory arrest.

He sued his anesthesiologist, Dr. Thomas R. Navar, Jr., for damages alleging that he was negligent:

(1) In that his use of the drug SUFENTA was...

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