Mathews v. Novartis Pharmaceuticals Corporation

Filing 29

DECISION AND ENTRY OVERRULING DEFENDANT NOV ARTIS PHARMACEUTICALS CORPORATION'S MOTION TO EXCLUDE CAUSATION TESTIMONY OF PLAINTIFF'S EXPERTS (DOC. #[8-22]); SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT NOVARTIS PHARMACEUTICALS CORPOR ATION'S MOTION FOR SUMMARY JUDGMENT (DOC. #[8-19]); SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT NOVARTIS PHARMACEUTICALS CORPORATION'S DAUBERT MOTION TO EXCLUDE TESTIMONY OF PLAINTIFF'S EXPERTS DR. SUZANNE PARISIAN, DR. ROBERT MARX, DR. ROBERT FLETCHER, PROFESSOR WAYNE RAY, DR. KEITH SKUBITZ, AND DR. JAMES VOGEL (DOC. #[8-18]). Signed by Judge Walter H Rice on 10/24/13. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
ALVIN MATHEWS,
Plaintiff,
Case No. 3: 12-cv-314

v.
NOVARTIS PHARMACEUTICALS
CORPORATION,

JUDGE WALTER H. RICE

Defendant.

DECISION AND ENTRY OVERRULING DEFENDANT NOV ARTIS
PHARMACEUTICALS CORPORATION'S MOTION TO EXCLUDE
CAUSATION TESTIMONY OF PLAINTIFF'S EXPERTS (DOC. #8-22);
SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT
NOVARTIS PHARMACEUTICALS CORPORATION'S MOTION FOR
SUMMARY JUDGMENT (DOC. #8-19); SUSTAINING IN PART AND
OVERRULING IN PART DEFENDANT NOVARTIS PHARMACEUTICALS
CORPORATION'S DAUBERT MOTION TO EXCLUDE TESTIMONY OF
PLAINTIFF'S EXPERTS DR. SUZANNE PARISIAN, DR. ROBERT MARX,
DR. ROBERT FLETCHER, PROFESSOR WAYNE RAY, DR. KEITH
SKUBITZ, AND DR. JAMES VOGEL (DOC. #8-18)

Plaintiff Alvin Mathews filed suit against Novartis Pharmaceuticals
Corporation ("NPC"), alleging that he developed osteonecrosis of the jaw ("ONJ")
after being infused with Aredia® and lometa®, nitrogenous bisphosphonate drugs
manufactured and marketed by NPC. His Amended Complaint asserts three claims
under the Ohio Products Liability Act ("OPLA "), Ohio Revised Code § 2307.71, et

seq., for design defect, inadequate warning, and nonconformance with
manufacturer's representation. Doc. # 26.