Legal Opinion

McNeil v. Wyeth

Court of Appeals for the Fifth Circuit

Decided August 22, 2006No. 05-10509PublishedCited by 48 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Sue McNeil appeals a summary judgment for defendant Wyeth, a pharmaceutical company. We reverse and remand.

I

In August 2000, Dr. Eduardo Wilkinson prescribed Reglan, whose generic name is metoclopramide, manufactured by Wyeth, to treat McNeil’s symptoms of gastroeso-phageal reflux disease (“GERD”). The prescription was for six months, though the Food and Drug Administration had approved the drug only for use of no more than twelve weeks. Thereafter, McNeil’s prescription was continued by Dr. Roy Ragsdale for six months and then by Dr. William Mania for two months.

G…

2Cases cited17 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  3. Mary Faye Skotak, George Jerry Skotak, and Eric Norman Skotak, Cross-Appellees v. Tenneco Resins, Inc., Cross-AppellantCourt of Appeals for the Fifth Circuit · 1992
  4. Alm v. Aluminum Co. of AmericaTexas Supreme Court · 1986
  5. Nobility Homes of Texas, Inc. v. ShiversTexas Supreme Court · 1977

12 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Knight v. Kirby Inland Marine Inc.Court of Appeals for the Fifth Circuit · 2007
  2. PLIVA, Inc. v. MensingSupreme Court of the United States · 2011
  3. Christopher v. Depuy Orthopaedics, Inc. (In Re Depuy Orthopaedics, Inc., Pinnacle Hip Implant Prod. Liab. Litig.)Court of Appeals for the Fifth Circuit · 2018
  4. Wendy Collini, M.D. v. Martha Pustejovsky, Texas Court of Appeals, 2nd District (Fort Worth)2009
  5. Ackermann v. Wyeth PharmaceuticalsCourt of Appeals for the Fifth Circuit · 2008

43 more not listed; retrieve them via the Exa API.

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