Judge Allows Causation Testimony, Denies Merck Summary Judgment

NEW YORK - A New York federal judge has denied Merck & Co. Inc.'s motion for summary judgment on Fosamax injury claims in 24 separate cases, ruling that the general causation testimony of two plaintiffs' experts is admissible and raises issues of material fact. In re Fosamax Products Liability Litigation, No. 06-1789 (S.D. N.Y.).

On Sept. 9, U.S. District Judge John F. Keenan of the U.S. District Court for the Southern District of New York refused to exclude expert testimony that Fosamax can cause osteonecrosis of the jaw before three years of continuous use.

Plaintiffs alleged that they contracted …