Bartlett Doesn't Apply To Zometa Injury Suit, Judge Says
By Greg Ryan
Law360, New York (September 4, 2013, 3:24 PM ET) -- A Florida federal judge may allow evidence about so-called black box warnings in a Zometa user's jaw injury lawsuit against Novartis Pharmaceuticals Corp., he said last week, ruling that the U.S. Supreme Court's landmark Bartlett ruling does not apply to brand-name drugs.
The decision came in an Aug. 29 order from U.S. District Judge Gregory Presnell granting in part and denying in part Novartis' motion to bar plaintiff Nancy Guenther from introducing certain evidence at trial. Guenther claims that Novartis failed to warn her that use...