Merck Can't Force Fosamax Plaintiffs To Verify Injuries

By Andrew Scurria (August 22, 2013, 7:31 PM EDT) -- A New York federal judge on Thursday refused to force hundreds of alleged victims of Merck & Co.'s bone drug Fosamax to substantiate their injuries or else face dismissal from multidistrict litigation over the drug, saying the process would devolve into a fight on the merits of each case.

Lawyers for Merck said at a hearing last week that they had identified nearly 600 questionable cases in the multidistrict litigation, and asked U.S. District Judge John Keenan to issue a so-called Lone Pine order requiring those plaintiffs to submit expert reports linking the drug to their illnesses.

Judge Keenan issued one...

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