White v. Wyeth Laboratories ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
May 21, 2003
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
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No. 02-41381
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In Re: NORPLANT CONTRACEPTIVE PRODUCTS LIABILITY
LITIGATION
______________________________________________________
CHERYL WHITE; ET AL.,
Plaintiffs,
VALORIE WHATLEY,
Plaintiff-Appellant,
versus
WYETH LABORATORIES INC.; AMERICAN HOME
PRODUCTS CORPORATION,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of Texas
Nos. 1:97-CV-7369; 1:94-MD-1038
Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Valorie Whatley appeals the district court’s summary judgment dismissal of her claims
regarding the prescription contraceptive Norplant in this multidistrict products liability action. See
In re Norplant Contraceptive Prods. Liab. Litig., 215 F. Supp. 2d 795 (E.D. Tenn. 2002). Under
Tennessee law, which governs Whatley’s claims, “the manufacturer of an unavoidably unsafe
prescription drug can discharge its duty to warn by providing the physician with adequate warnings
of the risks associated with the use of its drug.” Pittman v. Upjohn Co., 890 S.W.2d 425, 429 (Tenn.
1994). Whatley contends that the district court erred in concluding that her claims were barred by
Tennessee’s learned intermediary doctrine. She argues that Norplant is a prescription contraceptive
device, not a prescription drug, and therefore the district court should have certified the question to
the Supreme Court of Tennessee. Finding no merit in Whatley’s arguments, we AFFIRM.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
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