Facts

Plaintiff Chris Hill, a cancer patient, received infusions of a cancer therapy drug, Zometa, manufactured by the drug maker Novartis Pharmaceuticals Corp. She developed a jaw disease, osteonecrosis of the jaw, after receiving the infusions and thus, filed a product liability lawsuit against Novartis.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that she developed osteonecrosis of the jaw because she received infusions of the drug. Plaintiff alleged that Novartis failed to give her proper warnings regarding the possible side effects of the drug, such as jaw disease. In particular, she alleged strict products liability, premised on an alleged failure to warn.

DEFENDANT'S CONTENTIONS:
Defendant argued that it warned as soon as possible risk was known or reasonably knowable, the warnings were adequate, any failure to warn was not the cause of plaintiff's injury, and her jaw injury was not due to Zometa.

Result

The court granted defendant's motion for judgment as a matter of law at the end of the case, after having previously granted it as to punitive damages. It nonetheless had the jury deliberate and it determined that Novartis was not liable.