2nd Circ. Upholds Merck Win In Bellwether Fosamax Trial

Law360, New York (January 31, 2013, 4:56 PM EST) -- The Second Circuit denied a plaintiff's bid for a retrial Wednesday in a bellwether case in multidistrict litigation claiming Merck & Co.'s bone drug Fosamax causes jaw deterioration, ruling a lower court did not err when it discredited expert testimony.

A three-judge panel issued an opinion upholding a New York federal judge's decision to grant summary judgment to Merck on plaintiff Linda Secrest's claim that the drugmaker failed to warn of the risks of Fosamax use.

In a separate summary order, it ruled that the judge's...
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