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PAYNE v. NOVARTIS PHARMACEUTICALS CORP.

No. 13-6266.

767 F.3d 526 (2014)

Charolette PAYNE; Brent Payne, Plaintiffs-Appellants, v. NOVARTIS PHARMACEUTICALS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 18, 2014.

Attorney(s) appearing for the Case

ARGUED: Clinton L. Kelly , The Kelly Firm, Hendersonville, Tennessee, for Appellants. Eric G. Lasker , Hollingsworth LLP, Washington, D.C., for Appellee. ON BRIEF: Clinton L. Kelly , F. Dulin Kelly , The Kelly Firm, Hendersonville, Tennessee, for Appellants. Eric G. Lasker , Katharine R. Latimer , Hollingsworth LLP, Washington, D.C., Dwight E. Tarwater , Paine, Tarwater, and Bickers LLP, Knoxville, Tennessee, for Appellee.

BEFORE: CLAY and STRANCH, Circuit Judges; BLACK, District Judge.

OPINION

JANE BRANSTETTER STRANCH, Circuit Judge.

Charolette Payne and her husband sued Novartis for failing to warn her doctor that two of the drugs it manufactures, Aredia and Zometa, could cause serious damage to a patient's jaw bones. Payne took both and subsequently had to have part of her jaw removed. Under Tennessee law, the question of whether Novartis's failure to warn was a cause of Payne's injuries is for a jury to determine. We therefore REVERSE...

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