Novartis Defeats Appeal To Bone Drug Bellwether Ruling

Law360, New York (June 13, 2012, 10:02 PM EDT) -- An appeals court on Wednesday upheld judgments for Novartis Pharmaceuticals Corp. in the first bellwether trial in consolidated litigation in New Jersey over claims the drugmaker's bone cancer drugs Aredia and Zometa caused jaw deterioration, backing two key lower court rulings.

A three-judge panel agreed that the direct-to-consumer advertising exception to the so-called learned intermediary doctrine did not apply to plaintiff Jane Bessemer. The trial court held that while Bessemer did read a magazine advertisement for Zometa while she was taking the drug, it was not...
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