Merck Can't Duck Jury Award In Fosamax Bellwether Suit
Law360, New York (July 1, 2013, 7:43 PM EDT) -- A New York federal judge on Monday denied Merck & Co. Inc.'s attempt to wipe out a $285,000 plaintiff verdict in a bellwether trial in multidistrict litigation claiming the bone drug Fosamax causes jaw deterioration, rejecting its argument that its warning was adequate.
Judge John Keenan rejected a motion for judgment as a matter of law filed by Merck challenging a jury's determination in February that the drugmaker failed to adequately warn plaintiff Rhoda Scheinberg that using Fosamax could cause her to develop osteonecrosis of the jaw. Merck argued the claim fails because New York law requires a drugmaker to warn of...
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