Judge Refuses to Bar Punitive Damages Demand in Aredia/Zometa Trial

GREENSBORO, N.C. - A North Carolina federal judge has denied Novartis Pharmaceuticals Corp.'s motion to preclude an Aredia plaintiff's demand for punitive damages, ruling that there is an issue of fact as to whether the drug maker's alleged conduct was "willful and wanton." Fussman v. Novartis Pharmaceuticals Corp., No. 06-149 (M.D. N.C.).

On Oct. 25, Judge James A. Beaty Jr. of the U.S. District Court for the Middle District of North Carolina found that plaintiff "has forecast evidence of communications purporting to show that Defendant allegedly concealed or misrepresented information regarding risk factors and clinical trial findings."

Herbert Fussman sued …