POSTED AUGUST 19, 2009

Tennessee Cases

On July 27, 2009, the Court in Tennessee held a hearing to rule on the parties’ challenges to the credentials and testimony of each other’s respective experts. In addition, Novartis had filed motions for summary judgment, arguing that there was no scientifically reliable evidence that Aredia and Zometa cause ONJ and that even if they do cause ONJ, Novartis supplied adequate warnings to oncologists and the medical community generally.

On August 13, 2009, Chief Judge Todd J. Campbell of the U.S. District Court for the Middle District of Tennessee denied Novartis’ summary judgment motions and Novartis’ Daubert motions to exclude the testimony of our experts who will testify that Aredia and Zometa cause ONJ.

Judge Campbell’s decisions have cleared the way for the first batch of test cases to be remanded to the plaintiffs’ home states for trial. This is a tremendous victory for the plaintiffs and we are very pleased with the Court’s rulings. Our next status conference in Tennessee is August 26.

To read some of the Court’s rulings click below.

Denial of Novartis’ motion regarding causation

Denial of Novartis’ motion regarding warnings

Denial of Novartis’ motion challenging Dr. Marx

Denial of Novartis’ motion challenging Dr. Vogel

Denial of Novartis’ motion challenging Dr. Skubitz

New Jersey Cases

Although the rulings by Judge Campbell were made in the test cases in Tennessee, they likely will set a precedent for all of the plaintiffs in both the Tennessee and New Jersey litigations. We anticipate that Novartis will make similar arguments in New Jersey and we are prepared to respond as we did in Tennessee. Although we cannot simply refer the New Jersey Judge to the Tennessee rulings and expect her to rule the same way, she undoubtedly will be aware of the Tennessee decisions.

In New Jersey, Judge Happas has been elevated to Presiding Judge and the New Jersey cases now will be handled by Judge Mayer. We have completed discovery in the 12 “core discovery” cases and the parties are in the process of selecting four of those 12 cases for further work-up, leading to the first trial on March 8, 2010. The four cases are to be selected by August 25, 2009.

Our next status conference before Judge Mayer is September 23, 2009.