2nd Bellwether Case Over Merck's Fosamax Nixed

Law360, New York (November 23, 2009, 3:36 PM EST) -- A federal judge has dismissed the second bellwether case over Merck & Co. Inc.'s osteoporosis drug Fosamax, finding that the plaintiff's expert witnesses could not establish that the drug caused her to develop a degenerative jawbone disease.

The U.S. District Court for the Southern District of New York's Judge John F. Keenan, who is overseeing the multidistrict litigation over Fosamax in the same court, on Monday granted Merck's motion for summary judgment in the case of plaintiff Bessie Flemings.

In an opinion that dealt solely with...
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