Novartis Granted Summary Judgment in Texas Zometa Case

LUFKIN, Texas — A Texas federal judge has granted summary judgment to Novartis Pharmaceuticals Corp. in a Zometa injury case, ruling that the plaintiff failed to proffer evidence of a safer alternative design.

On Sept. 18, Judge Ron Clark of the U.S. District Court for the Eastern District of Texas found the plaintiff’s expert opinion of an alleged safer alternative dosing regime for Zometa did not satisfy Federal Rule of Evidence 702. The expert offered “no evidence as to the efficacy of a reduced Zometa regimen, and does not explain from where he draws his naked conclusion regarding efficacy,” the …