9th Circ. Refuses To Revive Novartis Jaw Injury Suit

Law360, Los Angeles (February 20, 2014, 10:34 PM EST) -- A Ninth Circuit panel on Thursday refused to revive a product liability lawsuit against Novartis Pharmaceuticals Corp. over jaw injuries allegedly related to bone drugs Aredia and Zometa, ruling that the plaintiff continued the drugs after his injury and could not prove they caused it.

In a memorandum opinion, the court affirmed a lower court’s grant of summary judgment to Novartis because plaintiff Duane Luttrell could not prove the drugs were the proximate cause of his jaw’s osteonecrosis.

Luttrell claimed Novartis did not provide proper warning for the drugs, and needed to show that his doctor would have made different choices...

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