New Jersey Appellate Court Takes Bite Out Of Zometa Cases
The drug Zometa, which is manufactured by Novartis Pharmaceuticals Corporation, is used to prevent skeletal fractures in patients with various cancers. Novartis has been hit with some plaintiff’s verdicts recently where it was alleged that it failed to disclose dead jaw bone risks associated with Zometa. However, two recent appellate rulings in New Jersey have clarified any ambiguity associated with the application of that state’s statute of limitations for similar cases. Under New Jersey law, the statute of limitations in product liability actions begins when the alleged wrongdoing is discovered, rather than when it occurs.
First of all, these cases are significant because they confirm when the statute of limitations begins to run in product liability cases venued in New Jersey. Second, businesses are provided with a clear understanding of New Jersey law and its application to potential litigation involving their product. Finally, this win for Novartis will deter potential litigants from filing frivolous and/or weaker claims in New Jersey, knowing that their claim will probably be dismissed.