Ohio Judge Allows Zometa Plaintiffs to Brief Claim that ONJ is a 'Permanent and Substantial Physical Deformity’

CINCINNATI — An Ohio federal judge has allowed the plaintiffs in a Zometa case to present supplemental briefing to support their claim that osteonecrosis of the jaw is a "permanent and substantial physical deformity," and, as such, any non-economic damages they may be awarded cannot be capped under Ohio law.

In the May 27 order, Judge Walter H. Rice of the U.S. District Court for the Southern District of Ohio also overruled Novartis’ motion to strike the plaintiffs’ claim of nonconformance with manufacturer’s representation, noting that the court had already denied the drug maker’s motion for summary judgment on this …