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BLACKBURN V. SHIRE US INC.



Eleventh Circuit sought guidance from the Supreme Court of Alabama on two questions concerning the duty of a pharmaceutical company to warn of the potential risks associated with prescription medications. The Plaintiff premised his failure-to-warn claim on a pharmaceutical company’s failure to provide adequate instructions to mitigate risks associated with a medication that is used to treat ulcerative colitis, which is similar to Crohn’s disease. The Eleventh Circuit held that the district court did not abuse its discretion in denying the Plaintiff’s motion to amend his complaint. Additionally, the court declined to determine whether the Plaintiff’s theory gives rise to liability under Alabama law, instead certifying the question to the Supreme Court of Alabama.




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