Merck's Bid To Block Expert Testimony Mostly Fails

Law360, New York (July 28, 2009, 2:11 PM EDT) -- The judge in charge of the multidistrict litigation over the osteoporosis drug Fosamax has rejected Merck & Co.'s bid to exclude three experts' general causation testimony, but granted the drugmaker's bid to bar the expert testimony of an epidemiologist.

In a 105-page opinion, Judge John F. Keenan of the U.S. District Court for the Southern District of New York gave a mixed ruling Monday on omnibus Daubert motions filed by Merck and by the plaintiffs.

The plaintiffs in the MDL claim they developed a bone degenerative...
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