Sixth Circuit Aredia/Zometa Triple Play (Or: Goodnight Irene)


The problem with signing up for the "triple play" with your media provider is that when something like, say, a hurricane, knocks out the cable, you lose your television and your internet and your phone. Luckily, before Al Gore's invention abandoned us, we had printed out three opinions from the United States Court of Appeals for the Sixth Circuit affirming rulings in the defendant's favor in five Aredia/Zometa cases. Those opinions didn't exactly make up for missing this week's Curb Your Enthusiasm and Breaking Bad, but they gave us something to do while the winds roared outside like runaway freight trains. And, anyway, why not start the week out with good, good, good news?

In Patterson v. NPC, the Sixth Circuit affirmed the granting of a motion for judgment on the pleadings in a case in which the complaint did not "plausibly allege" that the plaintiff received name-brand Aredia. What the plaintiff alleged was that she was infused with "Aredia and/or generic Aredia (pamidronate)."

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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