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# Mixed-Bag Decision for Novartis
- URL: https://www.fdaweb.com/mixed-bag-decision-for-novartis/
- Published: 2018-08-01T12:00:00.000Z
- Updated: 2026-09-15T00:23:26.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5142014

Attorney **Michelle Yeary** (Dechert) says a Florida federal court rendered a mixed decision in a failure-to-warn case against Novartis involving a drug used to treat leukemia. Writing in a *Drug & Device Law* blog [post](https://www.druganddevicelawblog.com/2018/07/florida-court-says-no-to-preemption-and-no-to-punitive-damages.html?utm%5Fsource=Mondaq&utm%5Fmedium=syndication&utm%5Fcampaign=View-Original), Yeary says the court didn’t agree that the suit was preempted by federal law, but also didn’t award punitive damages against the company.

The plaintiff indicated he suffered a stroke after using the drug to treat chronic myeloid leukemia for a little over two years. The company asked for summary judgment on the grounds of preemption, adequacy of the warning, lack of proximate causation, and no punitive damages under the law of New Jersey, where the company is headquartered.

Yeary says the court rejected the three motions for summary judgment and granted the motion on punitive damages.