Subpoena Of Scientist Quashed In Fosamax MDL

Law360, New York (August 7, 2009, 3:27 PM EDT) -- The judge in charge of discovery in the multidistrict litigation over Merck & Co. Inc.'s osteoporosis drug Fosamax has granted a bid by an independent researcher to nix a subpoena from the plaintiffs seeking to quiz him on the contents of a 2006 drug safety report commissioned by the U.S. Food and Drug Administration.

Magistrate Judge James Francis IV of the U.S. District Court for the Southern District of New York ruled Tuesday that the plaintiffs had failed to establish a need for the third-party testimony...
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