Punitive Damages Claim Preempted, N.J. Federal Judge Rules

TRENTON, N.J. — A claim for punitive damages brought in an Aredia/Zometa injury case is federally preempted because it would require the court to determine whether Novartis Pharmaceuticals Corp. (NYSE: NVS) withheld or misrepresented information from the Food and Drug Administration, a New Jersey federal judge has ruled.

On Sept. 5, Judge Roger W. Titus of the U.S. District Court for the District of Maryland further ruled that New Jersey’s statutory immunity provision, which shields drug manufacturers from punitive damages claims, is preempted by federal law.

In 2007, Stacy Zimmerman sued Novartis, a New Jersey resident, in the U.S. District …