Plaintiff Barbara Davids, suffering from breast cancer, commenced taking the drug Zometa which is manufactured by Novartis Pharmaceuticals Corp. The purpose for taking the drug was to suppress metastatic damage to her bones. Thereafter, Davids developed osteonecrosis of her jaw, which her doctors opined was caused by the drug Zometa.
Davids sued Novartis Pharnaceuticals Corp. alleging that they knew Zometa caused osteonecrosis dating back to the initial drug testing period. Further, that Zometa's label and instructions in violation of government mandated guidelines, failed to adequately warn and disclose the potential dangers associated with taking the drug.
Defendant argued that the evidence presented, did not adequately prove that Zometa caused plaintiff's osteonecrosis. Defendant also maintained, that the durg's label and packaging did sufficiently warn of the drug's potential effects.
As a result of her osteonecrosis, Davids was compelled to undergo multiple procedures, including but not limited to, the removal of portions of her jaw and denture implantation as replacement for lost teeth. Davids claimed that after years of procedures she was rendered disfigured, anxiety stricken, has mastication disfunction and permanent facial parasthesia.
The jury found that plaintiff's osteonecrosis was caused by the drug Zometa, that defendant failed to adequately discose the drug's potential hazards and thereby breached Zometa's implied warranty of merchantability. $10 million dollars was awarded in punitive exemplary damages, $350,000 was awarded for past pain and suffering and $100,000 was awarded for future pain and suffering, for a toal award of $10.45 million.