N.Y. Interest Rate Applied to Compensatory, Future Damages Awards in Zometa Case

NEW YORK — New York’s 9 percent prejudgment interest rate applies to compensatory and future damages awarded to a plaintiff in a Zometa injury case, a New York federal judge has ruled.

However, in an Oct. 3 order, Judge Arthur D. Spatt of the U.S. District Court for the Eastern District of New York ruled that the interest cannot be applied to punitive damages because the award is governed by New Jersey, rather than New York, law.

In August 2001, Barbara Davids was diagnosed with breast cancer. Her primary care physician prescribed weekly Fosamax to treat her osteoporosis. Davids' cancer …