Collins v. Novartis Pharmaceuticals Corporation

Filing 43

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

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

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