STORY FROM: Drugs & Medical Devices

Fla. Federal Judge Refuses to Dismiss Negligence Claims Asserted Against Novartis in Zometa Action

OCALA, Fla. — A Florida federal judge has allowed claims of negligent failure to warn, negligent marketing, and negligent misrepresentation to proceed against Novartis in a Zometa injury case, ruling that they were adequately pled and are not barred by the learned intermediary doctrine.

However, in the July 5 order, Judge James S. Moody Jr. of the U.S. District Court for the Middle District of Florida dismissed the claim of breach of express warranty with leave to amend, finding the plaintiff failed to allege the affirmation of fact or promise allegedly made by Novartis that would amount to an express ...

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