Eckhardt v. Qualitest Pharmaceuticals, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
The plaintiff, Roy Eckhardt, 1 appeals the judgment of the district court dismissing his claims again Wyeth and Schwarz Pharma (together, the “Brand Defendants”) under Rule 12(b)(6) and granting summary judgment to Qualitest Pharmaceuticals and Vintage Pharmaceuticals (together, the “Generic Defendants”). Eckhardt alleges that as a result of his prolonged use of the drug metoclopramide, he developed tardive dyskinesia, a severe neurological disorder. Eckhardt brought various products liability and general tort claims against the Brand Defendants — who initially…
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