Rebuttable Presumption Statute Defeats Failure-To-Warn Claims in Aredia/Zometa Case, 5th Cir. Affirms

NEW ORLEANS — A federal appeals court has affirmed a trial court’s grant of summary judgment to Novartis Pharmaceuticals Corp. in an Aredia/Zometa injury case, finding Texas' rebuttable presumption statute foreclosed the plaintiffs’ failure-to-warn claims.

On May 27, the 5th Circuit U.S. Court of Appeals further affirmed that the plaintiffs’ breach of warranty claims must fail because they did not provide Novartis with the notice required by Texas law.

Thomas McKay and his wife sued Novartis in the U.S. District Court for the Western District of Texas, accusing the drug maker of failing to notify the public and doctors until …