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BLACKBURN v. SHIRE US INC

No. 20-12258.

18 F.4th 1310 (2021)

Mark BLACKBURN, Plaintiff-Appellant, v. SHIRE US INC, Shire LLC, Defendants-Appellees, Shire Development LLC, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

Filed: November 29, 2021.

Attorney(s) appearing for the Case

Jonathan H. Waller , Waller Law Office, PC, Birmingham, AL, Keith Jackson , Riley & Jackson, PC, Birmingham, AL, for Plaintiff-Appellant.

Jeffrey Francis Peck , John R. Ipsaro , Linda E. Maichl , Gina Marie Saelinger , Ulmer & Berne, LLP, Cincinnati, OH, Thomas Edward Walker , White Arnold & Dowd, PC, Birmingham, AL, for Defendants-Appellees.

Before JILL PRYOR, LUCK, and BRASHER, Circuit Judges.

Under Alabama law, the manufacturer of an unreasonably dangerous product has a duty to warn users of the risks presented by the product. When the unreasonably dangerous product is a drug that requires a prescription, a drug manufacturer's duty to warn is usually discharged by warning the prescribing physician of the product...

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