New Jersey Jury Finds No Failure to Warn in Zometa Suit

May 15, 2013

After deliberating for fewer than six hours, a New Jersey jury returned a 7-to-1 verdict in favor of Novartis Pharmaceuticals Corporation in a thirteen-day trial involving Zometa, a bisphosphonate drug given to cancer patients suffering metastases to bone.  Meng v. Novartis Pharmaceuticals Corp., No. MID-L-7670-07-MT (N.J. Super. Ct. Law Div. May 15, 2013) is the second win for Novartis in the two cases tried to date from the Aredia/Zometa consolidated litigation in New Jersey state court.

Plaintiff Beverly Meng alleged that she developed osteonecrosis of the jaw as a result of receiving Zometa® to prevent skeletal-related events – such as bone fractures – when her breast cancer metastasized to her bones.

By a 7-to-1 vote, the jury rejected plaintiff’s Mississippi-based failure-to-warn claim by answering “No” to the question “Did Novartis fail to provide an adequate warning to Ms. Meng’s prescribing physician concerning the risk of osteonecrosis of the jaw (‘ONJ’) from Zometa® that Novartis either knew or in light of the reasonably available knowledge should have known prior to Ms. Meng discontinuing use of the drug?”