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LOFTON v. McNEIL CONSUMER & SPEC. PHARMACEUTICALS

No. 10-10956.

672 F.3d 372 (2012)

Christopher Tyler LOFTON, Individually and on behalf of the Estate of Christopher M. Lofton, deceased; Tegan Nicole Lofton, individually and on behalf of the Estate of Christopher M. Lofton, deceased; Lauren Lofton, Plaintiffs-Appellants, v. McNEIL CONSUMER & SPECIALTY PHARMACEUTICALS, a Division of McNeil-P.P.C. Incorporated; Johnson & Johnson, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 22, 2012.

Attorney(s) appearing for the Case

William F. Zook (argued), Ted B. Lyon & Associates, Mesquite, TX, for Plaintiffs-Appellants.

Jonathan D. Hacker (argued), Anton Metlitsky , Matthew MacKinnon Shors , O'Melveny & Myers, L.L.P., Washington, DC, Charles C. Lifland , O'Melveny & Myers, L.L.P., Los Angeles, CA, Christy D. Jones , Butler, Snow, O'Mara, Stevens & Cannada, P.L.L.C., Ridgeland, MS, David Curtis Schulte , Thompson & Knight, L.L.P., Dallas, TX, for Defendants-Appellees.

Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.

EDITH H. JONES, Chief Judge:

Christopher M. Lofton tragically died from a rare disease called Toxic Epidermal Necrolysis ("TEN") after taking Motrin. Lofton's wife and children brought suit against the Appellees asserting that Motrin caused the disease and the Appellees had failed to warn consumers about the risk of these severe autoimmune allergic reactions. The district court entered summary judgment for the Appellees. The only issue on appeal is whether the district...

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