Novartis Denied Summary Judgment on Failure-To-Warn, Negligent Design Claims

NASHVILLE, Tenn. - Questions of fact exist as to whether Novartis Pharmaceuticals Inc. issued adequate warnings concerning potential side effects caused by its cancer drug, Zometa, a Tennessee federal judge has ruled, denying the drug maker's motion for summary judgment on failure-to-warn claims. In re Aredia and Zometa Products Liability Litigation, No. 06-1760 (M.D. Tenn.).

However, Judge Todd J. Campbell of the U.S. District Court for the Middle District of Tennessee granted the company summary judgment on the plaintiff's express warranty claim, ruling that the allegations were not pled with the requisite specificity.

California resident Cheryl White sued Novartis, claiming …