McNEIL v. WYETH

No. 05-10509.

462 F.3d 364 (2006)

Sue C. McNEIL, Plaintiff-Appellant, v. WYETH, Formerly Known as American Home Products Corporation, Doing Business as A.H. Robins Company, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 22, 2006.


Attorney(s) appearing for the Case

John Alan Jones, Coleman M. Cowan, George Christopher Olson (argued), Martin & Jones, Raleigh, NC, for Plaintiff-Appellant.

Michael Randolph Klatt, Susan Elizabeth Burnett (argued), Kelly R. Kimbrough, Clark, Thomas & Winters, Austin, TX, Jeffrey R. Pilkington, Davis, Graham & Stubbs, Denver, CO, for Defendant-Appellee.

Before KING, SMITH and BENAVIDES, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Sue McNeil appeals a summary judgment for defendant Wyeth, a pharmaceutical company. We reverse and remand.

I.

In August 2000, Dr. Eduardo Wilkinson prescribed Reglan, whose generic name is metoclopramide, manufactured by Wyeth, to treat McNeil's symptoms of gastroesophageal reflux disease ("GERD"). The prescription was for six months, though the Food and Drug Administration had approved the drug only for use of no...

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