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ELLIS v. C.R. BARD, INC.

Nos. 01-15182, 02-10332.

311 F.3d 1272 (2002)

Donna ELLIS, as guardian for Mary Ruth Brown, Plaintiff-Appellant, v. C.R. BARD, INC. and Baxter Healthcare Corporation, Defendants-Appellees, Baxter International, Inc., et. al., Defendants.

United States Court of Appeals, Eleventh Circuit.

November 12, 2002.

Attorney(s) appearing for the Case

Thomas J. Venker, Andrew R. Kirschner, Bedford, Kirschner & Venker, Atlanta, GA, for Ellis.

Donald L. Swift, III, Richard B. North, Jr., Matthew Brian Lerner, Nelson, Mullins, Riley & Scarborough, LLP, Dondra S. Bass, Alan F. Herman, Amy Michelle Hoffman, Hawkins & Parnell, LLP, Atlanta, GA, Maja Campbell Eaton, Tatjana Dragovic, Silas Findley, Sherry A. Knutson, Sidley, Austin, Brown & Wood, Chicago, IL, for C.R. Bard, Inc. and Baxter Healthcare Corp.

Before HULL, FAY and GIBSON, Circuit Judges.

PER CURIAM:

In this diversity case under Georgia law, plaintiff Donna Ellis alleges that the defendant manufacturers, C.R. Bard, Inc. ("Bard") and Baxter Healthcare Corporation ("Baxter"), are liable for her mother's brain damage because of their defective labeling and specifically their failure to warn adequately of the danger of having a person other than a doctor or patient activate the morphine pump that was prescribed for her mother. Ellis appeals the district...

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