Florida Judge Refuses to Dismiss Manufacturing Defect Claim in Zelnorm Case

OCALA, Fla. - A Florida federal judge has denied Novartis Pharmaceuticals Corp.'s request to dismiss a manufacturing defect claim brought in a Zelnorm injury case, ruling that it was pleaded with the requisite particularity. Rhodes v. Novartis Pharmaceuticals Corp., No. 5:11-471 (M.D. Fla.).

On Nov. 1, Judge Timothy J. Corrigan of the U.S. District Court for the Middle District of Florida also ruled, however, that the plaintiff's fraudulent misrepresentation claim did not present a false statement concerning a material fact. The judge dismissed this claim but allowed the plaintiff to replead.

Connie Rhodes began taking Zelnorm in 2002 to treat …