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ACKERMANN v. WYETH PHARMACEUTICALS

No. 06-41774.

526 F.3d 203 (2008)

Rozlyn ACKERMANN, Individually and as Personal Representative of Martin Lindsey Ackermann, Deceased, Plaintiff-Appellant v. WYETH PHARMACEUTICALS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 24, 2008.

Attorney(s) appearing for the Case

Arnold Anderson Vickery (argued), Vickery, Waldner & Mallia, Houston, TX, for Plaintiff-Appellant.

Mark Herrmann (argued), Jones Day, Chicago, IL, Edward J. Sebold, David Booth Alden, Jones Day, Cleveland, OH, Terence M. Murphy, Jones Day, Dallas, TX, Michael Randolph Klatt, Clark, Thomas & Winters, Austin, TX, for Defendant-Appellee.

Arnon D. Siegel, Dechert LLP, Washington, DC, for Product Liability Advisory Council, Inc., Amicus Curiae.

Allison M. Zieve, Public Citizen Litigation Group, Leslie A. Brueckner, Public Justice PC, Washington, DC, for Public Citizen, Inc. and Public Justice, Amici Curiae.

Russ M. Herman, Herman, Herman, Katz & Cotlar, New Orleans, LA, for Curt D. Furberg, Amicus Curiae.

Collyn Ann Peddie, Williams Kherkher, Houston, TX, for Texas Trial Lawyers Ass'n, Amicus Curiae.

Before JONES, Chief Judge, and WIENER and CLEMENT, Circuit Judges.

EDITH H. JONES, Chief Judge:

Appellant Rozlyn Ackermann ("Ackermann") challenges the district court's grant of summary judgment dismissing her claim that Wyeth Pharmaceuticals ("Wyeth") failed adequately to warn about the drug-induced risk of suicide from its drug Effexor, and this deficiency led to her husband's suicide. Because Ackermann has failed to demonstrate causation under the learned-intermediary doctrine, we affirm.

I. BACKGROUND

In November...

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