Four Fosamax Actions are Time-Barred, Federal Judge Rules

NEW YORK - State-law claims brought against Merck & Co. Inc. in four Fosamax injury cases are time-barred by Virginia's two-year statute of limitations, a New York federal judge has held, granting the drug maker summary judgment. In re Fosamax Products Liability Litigation, Nos. 1:07-cv-03466, 1:08-cv-00896, 1:08-cv-09728 and 1:07-cv-11334 (S.D. N.Y.).

Judge John F. Keenan of the U.S. District Court for the Southern District of New York ruled March 15 that the statute of limitations was not tolled by the pendency of a Fosamax class action.

Plaintiffs are citizens and residents of Virginia who sued Merck under federal diversity jurisdiction. …