Aredia/Zometa Failure-to-Warn Claims Are Preempted, Judge Rules

NASHVILLE, Tenn. - Plaintiffs alleging injury caused by Aredia and Zometa have had their claims based on failure to warn dismissed as preempted by a Texas statute that precludes such causes of action when they arise from use of an FDA-approved drug. In Re: Aredia and Zometa Products Liability Litigation, No. 06-1760 (M.D. Tenn.).

In an opinion issued Nov. 25, Judge Todd J. Campbell awarded summary judgment to defendant Novartis Pharmaceuticals Corp., citing the Texas statute and federal preemption principles, along with reasoning from his July 2008 opinion granting summary judgment on nearly identical arguments by Novartis.

In each case, …