Federal Judge Denies Novartis’s Motion to Strike Portions of Zometa Plaintiff’s Complaint

OMAHA, Kan. — A Kansas federal judge has denied Novartis Pharmaceuticals Corp.’s (NYSE: NVS) motion to strike portions of a complaint filed in a Zometa case, ruling that dismissal of the plaintiff’s loss of income claim is inappropriate at this time.

On Aug. 30, Judge Eric F. Melgren of the U.S. District Court for the District of Kansas also refused to strike the plaintiff’s asserting that Novartis violated the Food, Drug and Cosmetic Act, noting the plaintiff explained that he made the statement in support of his punitive damages claim.

Gary Stevens sued Novartis in 2006, alleging Zometa caused him …