IN RE NORPLANT CONTRACEPTIVE PRODUCTS LITIGATION

No. 97-40591.

165 F.3d 374 (1999)

In re NORPLANT CONTRACEPTIVE PRODUCTS LIABILITY LITIGATION, Theresa Harrison, et al., Plaintiffs, Theresa Harrison; Andrea Elaine Haught, Plaintiffs-Appellants, v. American Home Products Corporation, doing business as Wyeth-Ayerst Laboratories, a Delaware Corporation; Wyeth Laboratories Incorporated, Defendants-Appellees. Barbara Woods, et al., Plaintiffs, Kristy Youngblood, Plaintiff-Appellant, v. American Home Products Corporation, doing business as Wyeth-Ayerst Laboratories, a Delaware Corporation; Wyeth Laboratories Incorporated, Defendants-Appellees. Crystal McDonald, et al., Plaintiffs, Beverly McDaniel, Plaintiff-Appellant, v. American Home Products Corporation, doing business as Wyeth-Ayerst Laboratories, a Delaware Corporation; Wyeth Laboratories, Incorporated, Defendants-Appellees. Wendy Boehm, et al., Plaintiffs, Jennifer L. Burton, Plaintiff-Appellant, v. American Home Products Corporation, doing business as Wyeth-Ayerst Laboratories, a Delaware Corporation; Wyeth Laboratories Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 9, 1999.


Attorney(s) appearing for the Case

Gerald M. Birnberg, Matt E. Rubin, Williams, Birnberg & Andersen, Houston, TX, for Plaintiffs-Appellants.

John W. Vardaman, F. Lane Heard, III, Scott Edward Williams, Steven Michael Farina, Williams & Connolly, Washington, DC, for Defendants-Appellees.

Before JOLLY, DAVIS and DUHE, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

The appellants in this matter (collectively referred to as "Harrison") are five plaintiffs who each suffered side effects from their use of the prescription contraceptive Norplant, manufactured by Wyeth Laboratories Incorporated, a company owned by American Home Products ("AHP"). They appeal a district court ruling for summary judgment in favor of AHP. The primary question presented on appeal is whether the learned intermediary doctrine...

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