5th Cir. Upholds Vacatur of Substitution Order, Dismissal of Aredia/Zometa Case

NEW ORLEANS — A federal district court did not err in vacating a substitution order entered in an Aredia/Zometa injury case, finding the deceased plaintiff’s children were never made personal representatives of her estate, the 5th Circuit U.S. Court of Appeals has ruled.

On July 11, the appellate court also found the trial court’s dismissal of the case was warranted because the children obtained the 2008 substitution order "through deception" on the court, and then litigated the case for five years without legal authority to represent the estate.

In January 2006, Jacqueline Wilson sued Novartis Pharmaceuticals Corp. in the U.S. …