Osteonecrosis of the Jaw Lawsuit Over Zometa Results in Defense Verdict

A New Jersey jury has returned a defense verdict in a Zometa lawsuit brought by a woman who alleged that the bone-strengthening cancer drug caused her to suffer a painful and permanent jaw injury, known as osteonecrosis of the jaw. 

The verdict was handed down on Wednesday in a case brought by Jane Bessemer, 73, who accused Novartis, the manufacturer of Zometa, of failing to warn about the increased risk of jaw problems associated with the drug. The case is the second osteonecrosis of the jaw lawsuit over Zometa to go to trial, after a prior lawsuit ended in a $3.2 million verdict in October.

Zometa (zoledronic acid) is a treatment that is used to reduce bone complications associated with multiple myeloma and bone metastases from solid tumors. Although it is used to strengthen bones, it is part of a class of medications known as bisphosphonates, which have been associated with an increased risk of osteonecrosis of the jaw. The debilitating and painful condition causes decay or death of the jaw bone, often resulting in the need for surgery to remove portions of the jaw.

Bessemer took Zometa and Aredia, a similar drug, while she battled with breast cancer. While she claimed that her ONJ came from the use of those drugs, Novartis lawyers argued that Bessemer suffered from a bone infection known as osteomyelitis, not ONJ. They also argued that Zometa carried adequate warnings about the risk of jaw decay.

There are currently about 150 lawsuits over Zometa pending in New Jersey state court and another 550 that are part of a multidistrict litigation (MDL) centralized and consolidated in U.S. District Court in Nashville, Tennessee.

The Zometa product liability claims are similar to more than 900 Fosamax jaw necrosis lawsuits that are pending against Merck & Co. over their oral bisphosphonate medication. Fosamax is used to reduce the risk of bone fractures associated with osteoporosis, but it has also been linked to an increased risk of jaw osteonecrosis.

Earlier this year, a federal jury awarded $8 million for osteonecrosis of the jaw from Fosamax, but that amount was later reduced to $1.5 million after the judge determined that the jury’s award included excessive compensation for the jaw injury suffered by that plaintiff.