NJ High Court Won't Disturb Novartis Bone Drug Win

Law360, New York (November 7, 2012, 6:35 PM EST) -- The New Jersey Supreme Court has declined to hear a challenge to judgments for Novartis Pharmaceuticals Corp. in the first bellwether trial in consolidated litigation over claims the drugmaker's bone cancer drugs Aredia and Zometa caused jaw deterioration.

The high court denied certification for the case, in which the state's appeals division had backed key lower-court rulings against plaintiff Jane Bessemer's direct-to-consumer advertising claims and failure-to-warn allegations. The certification order was filed Oct. 25 and publicly released earlier this month.

In June, a three-judge appeals panel agreed that the direct-to-consumer advertising exception to the so-called learned intermediary doctrine did not apply...

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