N.J. Federal Judge Refuses to Remand Fosamax Design Defect Claims in MDL

CAMDEN, N.J. — A New Jersey federal judge has refused to remand a case in the Fosamax bone injury MDL to Louisiana federal court, ruling that the plaintiffs’ state law design defect claim is subject to the MDL court’s previous preemption order.

In a July 28 order, Judge Karen M. Williams of the U.S. District Court for the District of New Jersey rejected plaintiffs’ argument that remand of their claim will promote the just and efficient conduct of the litigation.

Juanita and Kenneth Bordelon sued Merck Sharpe & Dohme Corp., accusing it of failing to adequately warn that Fosamax (alendronate …