Bartoli v. Novartis Pharmaceuticals Corporation

Defendant: Margaret Cartelli and Novartis Pharmaceuticals Corporation
Plaintiff: John Bartoli
Case Number: 3:2013cv00724
Filed: March 19, 2013
Court: Pennsylvania Middle District Court
Office: Scranton Office
County: Outside State
Presiding Judge: Malachy E Mannion
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332 Diversity-Personal Injury
Jury Demanded By: Both

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Date Filed#Document Text
April 17, 2014 214 Opinion or Order of the Court ORDER (memorandum filed previously as separate docket entry)Defendants motion to exclude the testimony of Dr. Skubitz, (Doc. 183), is GRANTED IN PART AND DENIED IN PART. Defendants motion is GRANTED as to Dr. Skubitzs observations regarding the incid ence of ONJ in his own patients after he implemented a reduced dosing regimen, and DENIED as to testimony regarding the benefits of alternative dosing, the benefits of pre-therapy dental screening, and incidence of ONJ;(2)Defendants motion to exclude the testimony of Dr. Marx, (Doc. 185), is GRANTED IN PART AND DENIED IN PART. Defendants motion is GRANTED as to testimony regarding whether NPC engaged in bad faith conduct, and the adequacy of the clinical trials. Defendants motion is DENIED as to opinions on preventative dental screenings, the opinion that some of the clinical trial patients had ONJ, general causation opinions based on adverse event reports, and opinion of the biological mechanism by which BPs allegedly cause ONJ;(3)Defendan ts motion to exclude the testimony of Dr. Suzanne Parisian, (Doc. 187), is GRANTED IN PART AND DENIED IN PART. Defendants motion is GRANTED as to testimony of NPCs intent, pharmaceutical industry ethical standards, ghostwriting, and undisclosed compa ny funding of publications, and causation. Defendants motion is DENIED as to opinions regarding regulatory compliance and the reasonableness of NPC's conduct in its interactions with the FDA and compliance with FDA regulations;(4)Defendants moti on to exclude the testimony of Prof. Wayne Ray, (Doc. 189), is GRANTED IN PART AND DENIED IN PART. Defendants motion is GRANTED as to the Table 6 meta-analysis and the use of the word rare in relation to the incidence rate. Defendants motion is DENIE D as to the Table 5 meta-analysis, the biological plausibility that BPs cause ONJ, the opinion that a causation determination could have been reached in 2003, and an opinion that the incidence rate of ONJ in BP users is 5%, and;(5)Defendants mot ion to exclude the testimony of Dr. James Vogel, (Doc. 191), is GRANTED IN PART AND DENIED IN PART. Defendants motion is GRANTED to the extent that Dr. Vogel may not opine as to the intent or motive of NPC. Defendants motion is DENIED as to testimony regarding pre-dental screenings, incidence rate of ONJ in patients, alternative BP dosing regimens, and the biological mechanism by which BPs affect the jaw bone.Signed by Honorable Malachy E Mannion on 4/17/14. (bs)
May 24, 2013 150 Opinion or Order of the Court MEMORANDUM Signed by Chief Judge Todd J. Campbell on 8/13/09 [USDC MDTN Doc 2767] (ts)

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Defendant: Margaret Cartelli
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Defendant: Novartis Pharmaceuticals Corporation
Represented By: Matthew J. Junk
Represented By: Jesse J. Graham, II
Represented By: Anne Marla Friedman
Represented By: Gregory Chernack
Represented By: Katharine Latimer
Represented By: Ethan D. Stein
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Plaintiff: John Bartoli
Represented By: Daniel A Osborn
Represented By: Philip J. Miller
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