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Product Liability
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Case Details
While being treated for lymphoma, Peggy Stevens was administered Zometa, a bisphosphonate manufactured by Novartis, and administered intravenously to prevent bone fractures. Following a tooth extraction while being treated with Zometa, Ms. Stevens developed osteonecrosis of the jaw, a potential complication about which she had not been warned. This action against Novartis for failure to adequately warn resulted. Following a verdict for Ms. Stevens in the amount of $3.2 million, the first in the country against Novartis, although hundreds of previous cases had been filed, the defendant appealed, the Montana Supreme Court affirmed, and in the process followed the modern trend regarding a pharmaceutical manufacturer’s duty to warn was not limited to the prescribing physician but was owed equally to the patient.