Jury Awards Victims Family $12 Million in Novartis Jawbone Damage Lawsuit ~ Los Angeles Lawyer Articles

Monday, November 29, 2010

Jury Awards Victims Family $12 Million in Novartis Jawbone Damage Lawsuit


A jury in North Carolina has found that pharmaceutical giant Novartis must pay $12.8 million to the family of a woman, who suffered jawbone damage after taking the medications Zometa and Aredia. The jury found that Novartis failed to warn users about the risks of the Zometa and Aredia bone-strengthening medications.

The woman, Rita Fussman, developed jawbone damage while she was suffering breast-cancer last year. Fussman began taking Zometa in 2001. She had to have a tooth extracted while she was taking the drug, which is when the bone damage began. According to her oncologist, who testified at the trial, he was unaware of any side effects involving jaw damage from the use of Zometa and Aredia.

This is the third jawbone damage-related lawsuit to proceed against Novartis. Last month, Novartis gained a small victory when a similar claim by a New Jersey woman was rejected by a jury in that state. Another verdict, however, went against the company. Also last October, a jury in Montana awarded $3.2 million in damages to a cancer patient, who also developed jawbone damage. Two other cases are expected to go before a jury in South Carolina by the end of 2011.

In all, Novartis faces approximately 700 lawsuits that claim that victims suffered jawbone damage from using Zometa and Aredia. Both these medications contain biphosphonates, and are prescribed for the treatment of pain in bone cancer patients. Doctors also prescribe these medications to strengthen bones during treatment.

In 2005, Novartis began the process of informing doctors, warning them the drugs could cause jawbone damage. However, attorneys have alleged that Novartis was aware of the problems involving jawbone damage since the 1980s, but failed to warn consumers. It's a tactic that California pharmaceutical liability lawyers often find drugmakers indulging in, as they try to protect their bottom line.

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