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MONTGOMERY v. WYETH

No. 08-5701.

580 F.3d 455 (2009)

Angela MONTGOMERY, Plaintiff-Appellant, v. WYETH, fka American Home Products Corporation, AHP Subsidiary Holding Corporation, fka Wyeth-Ayerst Laboratories Company; Wyeth Pharmaceuticals, Inc., fka Wyeth-Ayerst Pharmaceuticals, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 28, 2009.

Attorney(s) appearing for the Case

ARGUED: Gregory J. Bubalo, Bubalo, Hiestand & Rotman, PLC, Louisville, Kentucky, for Appellant. Michael T. Scott, Reed Smith LLP, Philadelphia, Pennsylvania, for Appellees. ON BRIEF: Gregory J. Bubalo, D. Brian Rattliff, Bubalo, Hiestand & Rotman, PLC, Louisville, Kentucky, Gregory F. Coleman, Coleman & Edwards, PSC, Knoxville, Tennessee, for Appellant. Michael T. Scott, Reed Smith LLP, Philadephia, Pennsylvania, Samuel L. Felker, Bass, Berry & Sims, Nashville, Tennessee, for Appellees. Michael D. Fishbein, Levin, Fishbein, Sedran & Berman, Philadelphia, Pennsylvania, for Amicus Curiae.

SUHRHEINRICH, J., delivered the opinion of the court, in which GILMAN, J., joined. WHITE, J. (pp. 468-70), delivered a separate opinion concurring in the affirmance.

OPINION

SUHRHEINRICH, Circuit Judge.

Plaintiff Angela Montgomery sued Defendants Wyeth, Wyeth Pharmaceuticals, Inc., a wholly owned subsidiary of Wyeth, and AHP Subsidiary Holding Corporation, also a subsidiary of Wyeth, after she developed primary pulmonary hypertension ("PPH"), a serious, debilitating, and usually fatal disease, from ingesting "Fenphen," a combination diet drug therapy that included Defendant Wyeth's diet drug, Pondimin.

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