Judge: Fosamax Expert Must be Deposed in Australia at Plaintiffs' Expense

NEW YORK - An expert that plaintiffs in the Fosamax litigation consider "unique and critical to the case" must be deposed in Australia, with the plaintiffs' steering committee picking up the tab, a federal judge has ruled. In re Fosamax Products Liability Litigation, MDL No. 1789 (S.D. N.Y.).

Judge James C. Francis IV of the U.S. District Court for the District of New York ruled March 4 that factors weigh heavily in favor of deposing Dr. Alistair N. Goss in his home country, rather than having the oral and maxillofacial surgeon appear in New York as Merck had requested in …