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McDANIEL v. UPSHER-SMITH LABORATORIES, INC.

No. 17-5741.

893 F.3d 941 (2018)

Rita McDANIEL, Individually and as Personal Representative of the Estate of Johnny F. McDaniel, Deceased, Plaintiff-Appellant, v. UPSHER-SMITH LABORATORIES, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 29, 2018.

Attorney(s) appearing for the Case

ARGUED: Samuel C. Cole , COLE, EASLEY, SCIBA & WILLIAMS, Victoria, Texas, for Appellant. Mark C. Hegarty , SHOOK, HARDY & BACON LLP, Kansas City, Missouri, for Appellee. ON BRIEF: E. Kirk Wood, Jr. , WOOD LAW FIRM, LLC, Birmingham, Alabama, for Appellant. Eric E. Hudson , Kyle R. Cummins , BUTLER SNOW LLP, Memphis, Tennessee, for Appellee.

COOK, J., delivered the opinion of the court in which SILER, J., joined, and COLE, C.J., joined in part. COLE, C.J. (pp. 948-51), delivered a separate opinion concurring in part and dissenting from Part II.B. of the majority opinion.

OPINION

Rita McDaniel's husband died after taking a course of a prescription drug manufactured by Upsher-Smith Laboratories, Inc. She sued, alleging that Upsher-Smith's failure to ensure that a Medication Guide accompanied the prescription led to her husband ingesting...

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