(August 4, 2011)
John Brodie sued Novartis – Zometa manufacturers – for failing to warn about the risk of developing osteonecrosis of the jaw, or ONJ, from taking their medication.
The case was moved to multidistrict litigation (MDL) in the U.S. District Court for the Middle District of Tennessee in June 2009, where Novartis tried to claim that Brodie could not show their failure to warn. The MDL, however, denied this motion.
The case was transferred back to Missouri, where Novartis brought up the same claims, where Judge Autrey considered a motion for reconsideration. He explained every circumstance where relief would be granted, yet Novartis failed to meet any of these requirements. Reconsideration was therefore not granted. Novartis’ rebuttal was that the MDL court misapplied Missouri law, but the Judge was quick to mention that judicial error is not a circumstance where relief is granted under the rule he used earlier.
Judge Autrey concludes, “The Court finds that granting Novartis’s motion will not remedy any errors, much less a significant error. The Court has carefully reviewed the MDL’s order and finds no error; therefore. Novartis has not met its burden here.”
If you have taken Zometa and have developed any adverse side effects, such as ONJ, you may be eligible to file a dangerous drug claim. Contact one of our attorneys at 1-800-246-4878.
