Merck Scores As Judge Spurns New Fosamax Class

Law360, New York (January 4, 2008, 12:00 AM EST) -- Despite months of plaintiffs' lobbying, the federal judge overseeing the Fosamax product liability litigation against pharmaceutical giant Merck & Co. has declined to grant class status to patients who have not yet developed a painful jaw condition allegedly linked to the osteoporosis medication.

On Thursday, Judge John Keenan of the U.S. District Court for the Southern District of New York batted down a motion by patients in Florida, Pennsylvania and Louisiana, maintaining that a class action would not be the proper way to pursue its bid...
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