Fla. Judge Denies Novartis Summary Judgment on Strict Liability, Warning Claims in Aredia/Zometa Case

TAMPA, Fla. — A Florida federal judge has denied Novartis Pharmaceuticals Corp. summary judgment on strict liability and failure-to-warn claims asserted in an Aredia/Novartis injury case after determining that an issue of fact exists as to whether the drug maker’s allegedly inadequate warnings caused the plaintiffs’ injuries.

However, in the May 23 order, Judge Susan C. Bucklew of the U.S. District Court for the Middle District of Florida granted Novartis summary judgment on the breach of implied warranty claim, finding the plaintiffs failed to present evidence that they purchased the drugs directly from the drug maker.

Donald Kirchman was diagnosed …