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MILLER v. MYLAN INC.

No. 12-2502.

741 F.3d 674 (2014)

Beth Ann MILLER, Personal Representative of the Estate of Beth Ann Kelly, Plaintiff-Appellant, v. MYLAN INC., Mylan Pharmaceuticals Inc., and Mylan Technologies Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 21, 2014.

Attorney(s) appearing for the Case

ARGUED: S. Jay Ahmad , Ishbia & Gagleard, P.C., Birmingham, Michigan, for Appellant. Clem C. Trischler , Pietragallo Gordon Alfano, Pittsburgh, Pennsylvania, for Appellees. ON BRIEF: S. Jay Ahmad , Ishbia & Gagleard, P.C. Birmingham, Michigan, for Appellant. Clem C. Trischler , Pietragallo Gordon Alfano, Pittsburgh, Pennsylvania, for Appellees.

MERRITT, J., delivered the opinion of the court in which GIBBONS, J., joined. GIBBONS, J. (pp. 678-80), delivered a separate concurring opinion. McKEAGUE, J. (pp. 680-85), delivered a dissenting opinion.

OPINION

MERRITT, Circuit Judge.

Beth Ann Kelly died after receiving a fatal dose of fentanyl. Her estate subsequently brought this lawsuit alleging that the defendant's fentanyl patch caused Kelly's death. The defendant pleaded immunity under a Michigan statute that immunizes manufacturers of "drugs" from suit. The district court determined that the fentanyl patch was a "drug" and consequently granted the defendant's motion to dismiss the complaint. We conclude...

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