Pa. Federal Judge Dismisses Aredia/Zometa Case, Finds Motion to Substitute Untimely

PHILADELPHIA — A Pennsylvania federal judge has dismissed with prejudice an Aredia/Zometa injury case, finding the husband of the deceased plaintiff failed to timely file a suggestion of death and a motion to substitute.

On Nov. 27, Judge Robert D. Mariani of the U.S. District Court for the Middle District of Pennsylvania further found that the husband was not a "personal representative" of his late wife's estate at the time he filed the motion to substitute, therefore he violated Federal Rule of Procedure 25(a)(1).

Linda Wallace sued Novartis in 2006, alleging that she developed osteonecrosis of the jaw after being …