Plaintiffs in 2 Aredia/Zometa Cases May Not Seek Punitive Damages, Ohio Federal Judge Rules

CINCINNATI — Plaintiffs in two Aredia/Zometa cases set for trial later this year may not seek punitive damages because New Jersey law governs the issue and shields makers of FDA-approved drugs from the imposition of such damages, an Ohio federal judge has ruled.

On April 21, Judge Walter H. Rice of the U.S. District Court for the Southern District of Ohio determined that New Jersey, rather than Ohio, law applies because New Jersey has a greater interest in regulating the conduct of Novartis Pharmaceuticals Corp., a New Jersey business.

Two Aredia and Zometa injury cases were filed in the U.S. …