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WINTER v. NOVARTIS PHARMACEUTICALS CORP.

Nos. 12-3121, 12-3409.

739 F.3d 405 (2014)

Christine WINTER, Individually and as Executor of the Estate of Ruth Baldwin, Deceased, Plaintiff-Appellee, v. NOVARTIS PHARMACEUTICALS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 9, 2014.

Attorney(s) appearing for the Case

John J. Vecchione , John J. Vecchione Law PLLC, argued, Fairfax, VA, Roger G. Brown , Jefferson City, MO, John J. Beins , Beins, Goldberg & Hennessey, LLP, Chevy Chase, MD, for Plaintiff-Appellee.

Linda Susan Svitak , Minneapolis, MN, Joseph Michael Price , Minneapolis, MN, Deirdre C. Gallagher , Saint Louis, MO, Katharine Ruth Latimer , Washington, DC and Gregory S. Chernack , argued, Washington, DC, for Defendant-Appellant.

Before LOKEN, COLLOTON, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Ruth Baldwin developed osteonecrosis of the jaw (ONJ) after two of her teeth were extracted. She sued, alleging Novartis Pharmaceuticals Corporation negligently failed to provide adequate warnings for two drugs she took, Aredia and Zometa. After a jury trial, Baldwin, by her executor, received $225,000 in compensatory damages, plus certain costs. Novartis appeals, arguing the district court: (1) improperly...

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