Collins v. Novartis Pharmaceuticals Corporation

Filing 43

OPINION. Signed by Honorable Judge Myron H. Thompson on 5/11/2015. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
CHARLES COLLINS,
Plaintiff,
v.
NOVARTIS PHARMACEUTICALS
CORPORATION,
Defendant.

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CIVIL ACTION NO.
2:08cv438-MHT
(WO)

OPINION
Plaintiff

Charles

Collins

filed

this

lawsuit

asserting a claim of breach of the implied warranty of
merchantability

against

Pharmaceuticals

Corporation

which

he

contends

defendant
for

its

caused

Novartis

product

him

Aredia©,

to

suffer

bisphosphonate-related osteonecrosis of the jaw.

After

remand from the MDL court, this lawsuit is now before
this court on the recommendation of the United States
Magistrate

Judge

that

Novartis’s

judgment should be granted.

motion

for

summary

Also before the court are

Collins’s objections to the recommendation.

After an

independent and de novo review of the record, the court
concludes that Collins’s objections should be overruled
and

the

magistrate

However,

as

judge’s
the

statute-of-limitations
court
finding

adopts

only

that

recommendation
resolution

argument

the
Collins

part

is
of

cannot

implied-warranty-of-merchantability

adopted.

of

unnecessary,
the

the
the

recommendation
establish

claim

under

facts of this case.
An appropriate judgment will be entered.
DONE, this the 11th day of May, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

an
the