Plaintiff’s Expert Marx May Testify in Aredia/Zometa Case, Calif. Federal Judge Rules

SACRAMENTO, Calif. — A plaintiff may proffer the testimony of Dr. Robert Marx as to the information available to Novartis Pharmaceuticals Corp. (NYSE:NVS) concerning the connection between Aredia/Zometa and bisphosphonate-induced osteonecrosis of the jaw, a California federal judge has ruled.

However, Dr. Marx may not opine that the drug maker engaged in bad faith conduct because testimony regarding Novartis’ intent, motives or state of mind is impermissible and outside the scope of expert testimony, Judge Anthony W. Ishii of the U.S. District Court for the Eastern District of California ruled Nov. 7.

Chris Hill sued Novartis in the San Joaquin …