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EZEB v. SANDOZ PHARMACEUTICALS

No. 2009-CA-0821.

50 So.3d 166 (2010)

Wayland EZEB v. SANDOZ PHARMACEUTICALS, State of Louisiana, Patrick Dowling, M.D., Robert H. Miles, M.D., Glenn B. Ruffin, M.D., Gregory S. Ferriss, M.D., CPC Coliseum Medical Center, Touro Infirmary, Children's Hospital, Caremark Homecare, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Order Granting Rehearing April 21, 2010.

Opinion Vacating Previous Opinion on Grant of Rehearing May 19, 2010.

Rehearing Denied July 14, 2010.

Writ Denied October 29, 2010.

Attorney(s) appearing for the Case

Gerald E. Meunier , Justin I. Woods , Tara J. Gilbreath , Gainsburgh Benjamin David Meunier & Warshauer, L.L.C., New Orleans, LA, for Wayland Ezeb.

Joy G. Braun , April L. Watson , Sessions Fishman Nathan & Israel, LLP, New Orleans, LA, for Novartis Pharmaceuticals Corporation.

(Court composed of Judge TERRI F. LOVE, Judge DAVID S. GORBATY, Judge ROLAND L. BELSOME).

TERRI F. LOVE, Judge.

This appeal arises from damages the plaintiff allegedly suffered as a result of taking Clozaril. The manufacturer of Clozaril filed a motion for summary judgment seeking to dismiss the plaintiff's claims regarding the alleged failure to provide an adequate warning. The trial court granted the motion and denied a motion for reconsideration or new trial. We do not find that the trial court erred, as the plaintiff will be unable to meet his burden...

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