Punitive Damages Demand Precluded in Aredia/Zometa ONJ Case

CHARLOTTE, N.C. - A North Carolina federal judge has granted Novartis Pharmaceuticals Corp.'s request to preclude a demand for punitive damages in an Aredia/Zometa injury case, ruling that New Jersey law applies to the punitive damages issue. Talley v. Novartis Pharmaceuticals Corp., No. 08-361 (W.D. N.C.).

In a June 28 order, Judge Graham C. Mullen of the U.S. District Court for the Western District of North Carolina explained that under New Jersey law, punitive damages are not available against the manufacturer of a Food and Drug Administration-approved drug. However, this immunity is unavailable "where the product manufacturer knowingly withheld or …