Judge Denies Merck Summary Judgment on Fosamax Injury Claims

NEW YORK - In a Fosamax injury case, a New York federal judge on Aug. 5 denied Merck summary judgment on claims of strict liability, negligence, misrepresentation and fraudulent concealment, ruling that the plaintiff's expert testimony created questions of fact as to the drug maker's duty to warn. In re Fosamax Products Liability Litigation, No. 06-09455 (S.D. N.Y.).

However, Judge John F. Keenan of the U.S. District Court for the Southern District of New York granted Merck summary judgment on the punitive damages claim, ruling that a jury could not find that the company had actual knowledge of the high …