Facts

Michel Hendrix sued Novartis Pharmaceutical Corp.

PLAINTIFF'S CONTENTIONS:
Hendrix was diagnosed with multiple myeloma. In 1999, he was placed in a clinical trial to treat his condition, where he was infused with 4 mg of the drug Zometa. He later discontinued that treatment. In 2002, Hendrix's dentist noticed there was exposed bone in his lower right jaw. He attempted to remove and treat the dead bone and to relieve resulting pain, but he continued to suffer as a result of the bone.

Hendrix later consulted with other doctors, who believed that his Zometa treatment caused the osteonecrosis of the jaw, or ONJ. In 2007, he resumed his Zometa treatment, but took it on a much less frequent basis, to avoid another ONJ.

However, Hendrix later sued Novartis, the company behind Zometa.

DEFENDANT'S CONTENTIONS:
Novartis moved for summary judgment, arguing that Hendrix's suit was timebarred.

Result

The court granted Novartis's motion for summary judgment.