Bisphosphonate Trial Score All Knotted Up


Most defense lawyers, if given the choice, would probably pick North Carolina and Montana over New Jersey and Rhode Island as places to try cases. But as we mentioned yesterday, the bisphosphonate litigation continues chugging along in its merry, contrarian way.

In the federal litigation that’s being thrown off by the Aredia/Zometa MDL, the score is now tied (after yesterday’s Hogan verdict in Rhode Island), 1-1. We’re told that Hogan was a defense pick.

Good pick.

In what we’re told was a case chosen by the other side, a North Carolina jury last year in Fussman brought back a $287,000 compensatory verdict together with an evanescent $12.6 million punitive award, according to Lexis. Actually, the compensatory verdict was $287,001, including a munificent $1 for loss(?) of consortium. Sounds like it wasn't much of a loss.

Not so good a pick.

Why? Because in Fussman the plaintiffs chose a case under North Carolina law. Thus, they ran afoul of that state’s punitive damages caps. Poof! T here went nearly $12 million of the $12.6 million punitive award. Since it was an early case, we presume it’s being appealed, too.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:


Dechert LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.