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THOMAS v. HOFFMAN-LaROCHE, INC.

No. 89-4908.

949 F.2d 806 (1992)

Mary Kathryn THOMAS, Plaintiff-Appellant, v. HOFFMAN-LaROCHE, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 3, 1992.

Attorney(s) appearing for the Case

John A. Owens, Susie T. Carver, Phelps, Owens, Jenkins, Gibson & Fowler, Tuscaloosa, Ala., for plaintiff-appellant.

Amy Johnson, Henry & Kelly, Austin, Tex., for amicus curiae, Public Citizen.

Earl Keyes, Keyes, Moss, Piazza & Woods, Jackson, Miss., Frederick T. Davis, John D. Winter, Karl E. Seib, Jr., Patterson, Belknap, Webb & Tyler, New York City, for defendant-appellee.

Before WISDOM, KING and BARKSDALE, Circuit Judges.

WISDOM, Circuit Judge:

Mary Kathryn Thomas sued Hoffman-LaRoche, Inc., the manufacturer of a prescription acne medication called Accutane, under a failure to warn theory1 for injuries she sustained allegedly as a result of taking Accutane. The district court granted Hoffman-LaRoche's post-trial motion for judgment notwithstanding the verdict, setting aside a jury award of one million dollars. The district court held that Thomas had failed...

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