2nd Circ. Considers Reinstating Fosamax Witness

Law360, New York (October 21, 2010, 7:00 PM EDT) -- A federal appeals court panel has questioned the value of reinstating a doctor's "equivocal" testimony in a bellwether case in product liability multdistrict litigation over Merck & Co. Inc.'s osteoporosis drug Fosamax.

A three-judge panel of the U.S. Court of Appeals for the Second Circuit appeared reluctant during oral arguments Thursday to reinstate the causation testimony of a doctor who treated a patient with Fosamax.

The district judge found that the testimony of the doctor who treated Bessie Flemings, a Mississippi woman who claims Fosamax caused...
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