DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
123121P.pdf 01/09/2014 Christine Winter v. Novartis Pharmaceuticals Corp.
U.S. Court of Appeals Case No: 12-3121
and No: 12-3409
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Benton, Author, with Loken and Colloton, Circuit Judges]
Civil case - Products Liability. Evidence was sufficient to support the
jury's verdict that plaintiff's injuries were the natural and probable
consequence of defendant's negligent failure to provide adequate warnings
for its two drugs, Aredia and Zometa; the district court did not err in
applying Missouri's punitive damages law, as Missouri had the most
significant relationship to the claim; any error in the admission of
information from the FDA's adverse event reporting program was harmless as
the forms admitted were cumulative of other evidence that defendant knew
of certain risks associated with the drugs; where litigation costs are
incurred in connection with more than one proceeding, the court should
allocate the costs, and the the court abused its discretion in awarding
the entire amount of these costs in plaintiff's case.