Ill. Federal Judge Dismisses Aredia/Zometa Action for Failure to Properly Substitute Plaintiff

CHICAGO — An Illinois federal judge has dismissed an Aredia/Zometa injury action on the basis that the executor of the deceased plaintiff’s estate had never been court-appointed to that status.

On July 23, Senior Judge Milton I. Shadur of the U.S. District Court for the Northern District of Illinois found the executor obtained a 2010 substitution order from the multidistrict litigation court through deception.

Stuart W. Porter originally sued Novartis Pharmaceuticals Corp. in the Cook County Circuit Court, alleging he was injured by his treatment with bisphosphonates Aredia and Zometa. The case was removed to the Northern District of Illinois …