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Tag Archives: Failure to Warn

Criminal Practice – Juvenile – Self-Incrimination – Failure to Warn – Harmless Error (access required)

In re J.R.V. Where our Court of Appeals held, Even though, before the juvenile testified, the trial court failed to warn him of his privilege against self-incrimination, the error was harmless. The juvenile’s testimony echoed that of the state’s witness in some respects; otherwise, it was exculpatory,” discretionary review was improvidently allowed.

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Tort/Negligence – Product Liability – Failure to Warn – Pharmaceuticals – Osteonecrosis – Post-Trial Motions (access required)

Fussman v. Novartis Pharmaceuticals Corp. Even though there were some potential inconsistencies between the testimony of plaintiff’s experts, those inconsistencies were for the jury to consider in according the testimony the weight they believed it deserved. Defendant’s post-trial motions are denied.

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Novartis hit with nearly $13M verdict in failure-to-warn case (access required)

A federal jury in Winston-Salem has returned a verdict of nearly $13 million against pharmaceutical giant Novartis, saying the company failed to adequately warn patients and doctors about the risks of taking the bone-strengthening drugs Zometa and Aredia. The estate of Rita Fussman of Chapel Hill had sued Novartis after Fussman came down with what at first appeared to be a mysterious jaw disease after she had been taking the drugs for several years. Fussman discovered her complications with the drug when she had a CT scan on her jaw. "The guy said, ‘You have exposed bone in your mouth,'" said Vernon Glenn (pictured) of Winston-Salem, a second-chair attorney for Fussman.

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