Plaintiff May Present Evidence of Novartis’ Corporate Conduct in Upcoming Aredia/Zometa Trial

TAMPA, Fla. — A Florida federal judge has refused to exclude evidence of Novartis Pharmaceutical Inc.’s corporate conduct in an Aredia/Zometa case, explaining that it could bear on relevant issues in the action, which is scheduled for trial in October.

However, in the July 22 order, Judge Susan C. Bucklew of the U.S. District Court for the Middle District of Florida barred the plaintiff from criticizing Aredia/Zometa package inserts and promotional materials that the prescribing physician did not see, finding such testimony is irrelevant.

Donald Kirchman was diagnosed with multiple myeloma in 2002 and was prescribed bisphosphonates Aredia and Zometa …