Summary Judgment in Favor of Merck Upheld in Fosamax ONJ Case

NEW YORK - A federal appeals court has upheld a summary judgment ruling in favor of Merck & Co. Inc. in a bellwether Fosamax injury case, finding no issue of fact as to whether the plaintiff would not have developed osteonecrosis of the jaw had she not taken the drug. Flemings v. Merck & Co. Inc., No. 09-5242 (2nd Cir.).

On Nov. 5, the 2nd Circuit U.S. Court of Appeals ruled that the testimony of the plaintiff's treating dentist and family doctor, neither of whom was willing to testify that her use of the osteoporosis drug had either caused or …