Merck Denied Summary Judgment in Fosamax Bellwether Case

NEW YORK - A New York federal judge has denied Merck & Co. Inc.'s motion for summary judgment in a bellwether Fosamax injury case, finding issues of fact as to whether plaintiff's osteonecrosis of the jaw was proximately caused by her use of the drug. Graves v. Merck & Co. Inc., No. 1:06-05513 (S.D. N.Y.).

In an Oct. 22 order, Judge John F. Keenan of the Southern District of New York further found an issue of fact as to whether the prescribing doctor would have prescribed Fosamax had he been sufficiently warned of the risk of ONJ.

Judith Graves …