Novartis Granted Summary Judgment on Design Defect Claim in Zometa Case; Remaining Claims Sent to Trial

CINCINNATI — An Ohio federal judge has granted Novartis Pharmaceuticals Corp. (NYSE: NVS) summary judgment on a design defect claim in a Zometa case, but found issues of fact as to whether the drug maker adequately warned doctors that the drug may cause osteonecrosis of the jaw.

On Sept. 18, Judge Walter H. Rice of the U.S. District Court for the Southern District of Ohio denied Novartis on the claims of adequate warning and non-conformance with manufacturers' representations. He further ruled that although the plaintiff’s retained expert may testify as to specific causation, her treating physicians may not.

In May …