Learned Intermediary Doctrine Does Not Bar Negligence Claim, Judge Rules

NEW YORK - A New York federal judge has ruled in a Fosamax injury case that the learned intermediary doctrine does not bar a negligent failure-to-warn claim brought against Merck & Co. Inc. In re Fosamax Products Liability Litigation, No. 06-1789 (S.D. N.Y.).

On Jan. 27, Judge John F. Keenan of the U.S. District Court for the Southern District of New York ruled that the prescribing physician's testimony does not establish that he would not have changed any of his earlier decisions to prescribe Fosamax to a patient had he known of the drug's link with osteonecrosis of the jaw.