MONTGOMERY v. SMITHKLINE BEECHAM CORP.

No. 2004-CA-00091-SCT.

910 So.2d 541 (2005)

Shannon MONTGOMERY and John David Montgomery as the Lawful Heirs of David E. Montgomery, Deceased v. SMITHKLINE BEECHAM CORPORATION f/k/a GlaxoWellcome, Inc., d/b/a GlaxoSmithKline; Edward Gore, M.D.; North Mississippi Medical Center; North Mississippi Family Medical Clinic, Inc., d/b/a Chickasaw Family Medical Clinic; and Wal-Mart Stores, Inc.

Supreme Court of Mississippi.

February 24, 2005.


Attorney(s) appearing for the Case

Jonathan Thomas Crump, Tupelo, attorney for appellants.

Josiah Dennis Coleman, Robert K. Upchurch, David W. Upchurch, John G. Wheeler, Donna M. Barnes, Tupelo, R. Brittain Virden, Charles S. Hewins, Greenville, attorneys for appellees.

EN BANC.


DICKINSON, Justice, for the Court.

¶ 1. According to plaintiffs Shannon and John David Montgomery, David E. Montgomery died on November 17, 1999, as a result of taking Allopurinol, a drug manufactured by SmithKline Beecham Corp.1 The prescription was written by Dr. Edward Gore, plaintiffs further allege that while acting as the agent of North Mississippi Medical Center and North Mississippi Family Medical Clinics, Inc. (d/b/a Chickasaw...

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