Moments ago, the Fifth Circuit handed down its decision in Ackermann v. Wyeth, No. 06-41774, slip op. (5th Cir. Apr. 24, 2008).
This was an appeal from a grant of summary judgment (based on the learned intermediary doctrine) in an antidepressant-suicide case.
Wyeth sought affirmance on the ground of the learned intermediary doctrine, but also presented alternative grounds to affirm based on preemption and the Texas Civil Practice & Remedies Code.
The Fifth Circuit affirmed based on the learned intermediary doctrine and chose not to reach the alternative grounds for affirmance.
The court also held that Texas would not adopt a "read and heed" presumption in the context of learned intermediaries.
We're sorry that this post is short and cryptic, but Bexis hasn't read the thing yet, and Herrmann, who argued it in the Fifth Circuit, is already popping the champagne.