Judge Certifies Question Involving Risk-Benefit Test to 2nd Circuit

NEW YORK - A New York federal judge has certified to the 2nd Circuit U.S. Court of Appeals the question of what the proper legal standard is for the risk-benefit test under Florida law in a Fosamax injury case. Boles v. Merck & Co. Inc., No. 06-9455 (S.D. N.Y.).

Judge John F. Keenan of the U.S. District Court for the Southern District of New York certified the question of whether "a plaintiff may establish that a prescription drug is defective by showing that its risks outweigh its benefits for a subset of the patient population for whom the drug is …